STATE OF PUNJAB Vs. HARI KISHAN

JUDGEMENT

(1.) The State has filed this appeal against the acquittal of the three respondents who were convicted by the Sessions court but acquitted by the High court. The Respondents No. 1, Hari Kishan was convicted under S. 302 and 201 Indian Penal Code and his two brothers, Baldev Kumar and Jagdev Kumar (Respondent Nos. 2 and 3 respectively) were convicted under Section 201 Indian Penal Code.

(2.) The prosecution case was that Jai Rani (since deceased) had married R-1 of village Jagatpur on 18/08/1983. Soon after the marriage, the respondents started pressing her either to get Rs. 20,000. 00 from her parents or to secure an employment for R-1. When Jai Rani returned to her parents' house after about 25 days from the date of her marriage, she told her brother Ram Lubhaya (PW 5 about the said demand. Ram Lubhaya told her that it was not possible for them to pay Rs. 20,000. 00 but they would help R-1 in securing employment. After staying at the parents' house for a few days, Jai Rani returned to her in-laws' house. On 3/12/1983, Ajit Singh (PW-3 who had brought about this marriage, went to village Jagatpur to meet his sister and brother-in-law Bhajan Singh. Jai Rani went to the house of Bhajan Singh at about 2. 00 p. m. and told Ajit Singh about the demand of Rs. 20,000. 00 by R-1 and his brothers and the ill-treatment given to her for not bringing that amount. He advised her to return to her house and consoled her by saying that he would after sometime meet her in-laws. In the evening at about 7 or 8 p. m. , Ajit Singh along with his brother-in law, Bhajan Singh went to the house of the Respondents. They saw that R-1, R-2 and R-3 were pulling her towards one of the residential rooms of their house. On seeing Ajit Singh and Bhajan Singh there,they became nervous and left her free. Ajit Singh requested the respondents not to 'ill-treat her and then he returned to his in laws' house. On the next day, Ajit Singh went back to his village in the morning. In the morning of 4/12/1983, at about 11 a. m. one Pokhar Ram (PW-4, a dealer in cattle, sited the house of the respondents alongwith one Santokh Singh as Santokh Singh was desirous of purchasing a young bullock and the father of the respondents had told Pokhar Ram earlier that he waited to sell one. At that time, they saw the three respondents demolishing the roof of the 'kotha' of their house. The respondents' father told him that they were busy replacing the roof and, therefore, it was not possible for him to finalize the sale on that day. Some time thereafter and before 12 noon, Ram Lubhaya (PW-5 alongwith his sister Asha Rani went to the house of the respondents to meet her sister. When they reached there, they found her lying on a cot inside one of the room. R-1 was seen lying on a cot in the adjoining room. When Ram Lubhaya tried to talk to him, he did not respond. R-2 and R-3 told him that Jai Rani had died due to collapsin the root of the 'kotha'. So he returned to his village and informed his father Harbans Lal about the death of his sister. He then contacted Bhajan Singh (PW-2, Sarpanch of that village and both of them alongwith one Mohinder Singh went back to the village Jagatpur on a motor cycle. Bhajan Singh PW-2 after verifying the death of Jai Rani went to the police station at Banga and reported the death of Jai Rani. It was recorded in the Daily Diary as the information given by him did not disclose commission of any offence. However, after preparing the inquest report, the dead body of Jai Rani was sent for postmortem examination. The postmortem report disclosed that she had died as a result of strangulation. Therefore, on 6/12/1983, a case was registered for the offence punishable under S. 302 and 201 Indian Penal Code. Ultimately, ail the three respondents were put up for trial in the court of Sessions Judge, Jalandhar who framed a charge against " under Section 302 and 201 Indian Penal Code and under Section 201 against R-2 and R-3.

(3.) In order to prove its case, the prosecution had mainly relied upon the evidence of Ajit Singh (PW-3, Pokhar Ram (PW-4, Ram Lubhaya (PW-5, Prem Kumar (PW-6 before whom the respondents were alleged to have made an oral confession and the medical evidence which ruled out the possibility of Jai Rani's death being accidental or suicidal and established that it was homicidal.