RAJO Vs. STATE OF HARYANA

JUDGEMENT

(1.) These appeals arise out of the common impugned judgment passed by the High Court of Punjab and Haryana in Criminal Appeal No. 605-SB of 1998.

(2.) The accused/appellants Dabir Singh (A1) and Rajo (A2) have been convicted under Section 306 read with Section 34 IPC and have been sentenced to undergo rigorous imprisonment for three years and two years respectively. The marriage between the appellant- Dalbir Singh and deceased Krishna was solemnized about twelve years prior to the date of the incident i.e. 17.8.1995. The case of the prosecution is that accused / appellant Dalbir Singh allegedly had relationship with appellant-Rajo and appellant-Dalbir Singh had been ill-treating his wife- Krishna. On 17.08.1995 deceased Krishna and her daughter Preeti had fallen before the train and committed suicide.

(3.) From the statements of Raj Kumar (PW-3), brother of deceased Krishna, Abhey Ram (PW-4) father of deceased Krishna, it is brought in evidence that Dalbir Singh had transferred the property in the name of Arun Singh son of Balwan and Rajo and the said Arun Kumar had obtained a decree in his favour regarding the said property. Krishna had filed a civil suit for getting the said judgment and decree set aside and the same was pending. From the statements of PWs 3 and 4, it is also brought in evidence that Dalbir Singh who was working in the army whenever used to come, he stayed with Balwan and Rajo and never resided with the deceased Krishna. On 14.08.1995 the case was fixed at the Court at Safidon and the Krishna met the complainant-Raj Kumar(PW-3) and complained him about the cruelty and illtreatment and she started weeping. According to PW-3 he assured his sister that he would come to the village again in one or two days and arrange for Panchayat and would ensure the matter settled. However, within 1 to 3 days i.e. on 17.08.1995 the deceased Krishna and Preeti had committed suicide by falling before the train.