STATE OF PUNJAB Vs. GURDIP SINGH

JUDGEMENT

(1.) Criminal No. 919 of 1981 is directed against the judgment dated 29/5/1981 passed by the High court of Punjab and Haryana in Criminal No. 604 of 1979. The said appeal was preferred by the respondents who were convicted by the learned Additional Sessions Judge, Amritsar on 23/4/1979, in Sessions Trial No. 11 of 1979 on a charge under Section 306 of the Indian Penal Code. The accused Kuldip Singh and his son Gurdip Kumar and his wife Darshan Kaur were convicted under Section 306 Indian Penal Code by the learned Additional Sessions Judge. Kuldip Singh and Gurdip Kumar were sentenced to four years' rigorous imprisonment with a fine of Rs. 500. 00 in default to suffer further imprisonment for three months, but Darshan Kaur was sentenced to three years' rigorous imprisonment with a fine of Rs. 500. 00 in default to suffer further imprisonment for three months.

(2.) According to the prosecution case, the deceased Jyoti Bala was given in marriage on 12/2/1978 at Amritsar to accused Gurdip Kumar. but shortly after the said marriage, the deceased was ill-treated by the accused as the accused felt that proper dowry had not been given by the family of the deceased. It is also the case of the prosecution that Shakuntla Devi, Public Witness 14, the sister of the mother of the deceased and Vijay Kumar, Public Witness 5, the son of Shakuntla Devi were the residents of Amritsar. When the deceased, her sister and mother attended themarriage ceremony of Vijay Kumar at Amritsar, the deceased and her mother came in touch with the family of the accused who are also known to the family of Shakuntla Devi and Gurdip Kumar was also a friend of Vijay Kumar. Having seen the deceased, Gurdip and his parents had liked the deceased Jyoti Bala and accordingly the proposal of marriage was finalised and the marriage was solemnised on 12/2/1978 at Amritsar itself. It is the prosecution case that Jyoti Bala used to go to her aunt, Shakuntla Devi and Shakuntla Devi also used to go to Jyoti Bala's house but the family of the accused did not like Jyoti Bala's going to her aunt's house or the members of the aunt's family visiting the house of the accused. Being oppressed mentally Jyoti Bala ultimately committed suicide on 28/7/1978 and being severely burnt, she was admitted to the hospital where she succumbed to the injury on 30/7/1978.

(3.) The mother of the deceased Public Witness 4, the aunt of the deceased, Public Witness 14 and the cousin brother of the deceased Vijay Kumar, Public Witness 5 have deposed that the accused had been making demands on account of dowry and on one occasion in Calcutta a sum of Rs. 5,000. 00 had been paid by Public Witness 4, the mother of the deceased, but such payment did not satisfy their demand and Jyoti Bala used to be taunted and oppressed. Public Witness 6 Madhuban has been examined by the prosecution and the said Madhuban has stated that only about 15 minutes before the incident, he had been to his friend's house which was very close to the house of the accused and therefrom he heard some noise coming from the house of the accused and he heard that Jyoti Bala was being instigated to commit suicide by burning or by drowning.