SHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) For attempting to murder Rajinder Kaur, aged 20 years and a resident of village Pathreri Jattan in District Ropar, her father Sher Singh and the latter's wife and brother named Shakuntala Devi and Gurdial Singh respectively, were tried by an Additional Sessions Judge for an offence under Section 307 of the Indian Penal Code. The trial court gave Shakuntala Devi the benefit of doubt but convicted each of the other two accused of the offence with which he was charged and sentenced him to rigorous imprisonment for three years and a fine of Rs. 100, the sentence in default of payment of fine being rigorous imprisonment for a month. An appeal instituted by the two convicts was dismissed by a single Judge of the High Court of Punjab and Haryana whose judgment dated 26th November 1971 is challenged in this appeal by special leave.

(2.) The following pedigree table leads assistance in appreciating the facts of the case:

(3.) The prosecution case may be stated thus. Labh Kaur gave birth to her three daughters from the loins of Sher Singh appellant. About 20 years before the occurrence, which is said to have taken place on the 28th June 1970, Sher Singh appellant took another wife named Shakuntala Devi and thereafter neglected his daughters and their mother, who continued to live in village Pathrari Jattan while Sher Singh appellant, who was in Government employment as an overseer lived with his second wife at his various places of positing. On the 27th June 1970, Sher Singh appellant and Shakuntala Devi accused came to village Pathrari Jattan and stayed with Gurdial Singh appellant. The former was told by his first wife Labh Kaur (P. W. 3) that her two unmarried daughters had grown up and that it was time that their father took steps to arrange for their marriages. Sher Singh appellant said that he would take with him both Rajinder Kaur and Jaswant Kaur. On the morning of the 28th June 1970, Sher Singh appellant took away his two daughters on the plea that they were to accompany him to his place of posting. Gurdial Singh appellant and Shakuntala Devi accused also accompanied the party which was followed by Labh Kaur (P. W. 3) who wanted to see her daughters off. When the party reached the Bhakra canal; Sher Singh appellant caught hold of Rajinder Kaur (P. W. 1) by her hands and Gurdial Singh appellant by her legs while Shakuntala Devi assisted them by holding the head of the girl who was then flung into the canal; Jaswant Kaur (P. W. 2) rushed back and raised an alarm in which her mother joined her. Ajmer Singh (P. W. 4) who was easing himself nearby ran to the scene of occurrence, jumped into the canal, caught hold of the drowing girl by the neck and brought her out of the canal with the help of a turban which Fateh Din (P. W. 5) made available. Rajinder Kaur (P. W. 1) was found to be unconscious but regained her senses soon afterwards and walked back with her mother and sister to the village, the three culprits already having made good their escape. No report was made to the Police about the incident till the next day when A. S. I. Hardev Singh (P. W. 7) visited village Pathrari Jattan late in the afternoon and was handed over a written statement (exhibit PA) which Rajinder Kaur (P. W. 1) had scribed and signed, accusing her father, her uncle and her step-mother of having thrown her into the canal in the manner above described. That statement forms the basis of the First Information Report.