BALVINDER SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Dr. Balvinder Singh, the appellant herein, along with his son Sukhdev Singh and one Narinder Kumar, was charged with the offence of murdering Chanan Dass aged about 60-65 and his wife Tarawati aged about 55. Balvinder Singh was found guilty of the offence charged with and sentenced to Imprisonment for life. The other two accused were given benefit of doubt and acquitted. Balvinder Singh has come in appeal against his conviction and sentence. A revision has also been filed by the complainants Neelam and Achla against the acquittal of Sukhdev and Narinder and also for awarding death sentence to fall the accused. The judgment shall dispose of both the appeal and the criminal revision petition.

(2.) The case for the prosecution is this Chanan Dass along with his wife and daughters Neelam and Achla resided in house No. 1979, gali No. 4, Kailash Nagar. Chanan Dass and his wife sold Bidis and cigarettes in front of State Bank of India, Chandni Chowk, Delhi. On 8th July 1979 Neelam was married to Sukhdev Singh son of Dr. Balvinder Singh who resided at Rohtas Nagar. Shahdara Neelam returned to the house of her parents on 12th August 1979 and complained that after a few days of her marriage Balvinder Singh had sent Sukhdev Singh to Hardwar and he raped her after giving some tablets to her. She complained that Balvinder Singh had repeatedly committed rape upon her after giving some drug to her. She also told her parents that her husband did not have sexual intercourse with her. Neelam told her parents that she would not go and live with her husband on 20th August 1979, it is alleged, that Sukhdev Singh came to the house of Chanan Dass and wanted to take Neelam forcibly to his house and on her refusing to go with him he gave her beating and also threatened to kill her. According to Neelam when her parents intervened they were also threatened with dire consequences. On 21st August, 1979 Neelam lodged a report at the police station detailing the aforesaid facts and on which two cases one under section 506 of the Indian Penal Code was registered against Sukhdev Singh and another under section 376 of the Indian Penal Code was registered against Dr. Balvinder Singh. We may notice here that sometime before the occurrence the deceased Chanan Dass had shifted to Baaichi Madho Das, Angoori Bagh, near Red Fort.

(3.) On 15th April, 1981, it is alleged, in the evening Balvinder Singh accompanied by Sukhdev Singh and Narinder Kumar went to Chanan Dass and Tarawati in front of the State Bank at Chandni Chowk and told them that they should withdraw the cases and also send Neelam to the house of her husband, failing which they would be killed. Chanan Dass and his wife replied that neither the easel would be withdrawn nor Neelam would be sent to their house. P.W. 6 it is stated, was with the parents at that time.