GUR BACHAN SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri Pankaj Kumar Tyagi, learned counsel for the appellant, Sri A.N. Mulla, Sri J.K. Upadhyay, Km. Meena, learned AGAs, Mrs. Manju Thakur and Sri Syed Hasan Abidi, brief holders for the State.

(2.) This criminal appeal is directed against the judgement and order dated 24.04.1991 passed by VIth Additional Sessions Judge, Bijnor in Sessions Trial No. 114 of 1990 (State Vs. Gur Bachan Singh and another) arising out of case crime no. 259 of 1989 under Sec. 304B IPC, P.S. Noorpur, District Bijnor by which accused-appellant Gur Bachan Singh was convicted and sentenced to imprisonment for life under Sec. 302 IPC.

(3.) Briefly stated the facts of this case are that one Suman, d/o complainant Makhan Singh, r/o Mohalla Govind Nagar, Qasba and P.S. Noorpur was married to the accused appellant Guru Bachan Singh about three years before the incident, which had taken place on 108.1989 in which sufficient dowry was given by the complainant-Makhan Singh but the accused-appellant and his mother Smt. Sulochna were not satisfied and soon after Suman's marriage they started ill treating and torturing her on account of her having brought inadequate dowry and demanded two tolas of gold and one television set from her as additional dowry. When Suman communicated the aforesaid demand of additional dowry made from her by her mother in law and her husband to the complainant Makhan Singh on her visit to her paternal home in Bombay, the complainant Makhan Singh sent her back to her matrimonial home with the assurance that he would talk to the accused-appellants. When complainant Makhan Singh returned from Bombay and met his daughter Suman she told him that her mother in law Sulochna and her husband had beat her several times on account of her failure to fulfil their additional demands of dowry, complainant Makhan Singh went to her nuptial home in Noorpur along with Mangu singh, Naunihal Singh and Sea Singh Kashyap and remonstrated with Gur Bachan Singh, whereupon he assured him that henceforth there would be no further harassment of Suman in the matter. However despite the aforesaid assurance accused-appellant Gur Bachan Singh persisted with the maltreatment of Suman for non-fulfilment of additional demands of dowry and turned her out of her matrimonial house which forced her to take shelter in her parental home and live with her parents in Bombay where she gave birth to a male child. The accused-appellant Gur Bachan Singh despite being informed about the birth of his son did not care to come to Bombay to meet his wife and his newly born son. When the complainant returned from Bombay after about three years and three months, accused-appellant Gur Bachan Singh met him and pressurized him to send Suman back with him to her matrimonial home to which complainant Makhan Singh did not agree. However on the intervention of Albel Singh who was instrumental in getting the marriage between the accused-appellant and Suman settled and who had accompanied accused-appellant Gur Bachan Singh to the complainant's house, complainant-Makhan Singh after making it very clear to them that he would not pay even a single penny to the accused-appellant and his mother as dowry in the presence of Harpal Singh, Ganesh Singh, Ajit Singh and Jagdish Singh all residents of his locality, sent his daughter to her nuptial home with his son in law accused appellant Gur Bachan Singh. However accused-appellant Gur Bachan Singh did not mend his ways and about fifteen days before the date of occurrence, he met complainant Makhan Singh and told him that unless a television set and two tolas of gold was given to him, the harassment and maltreatment of his daughter in her nuptial home will continue. The aforesaid conversation between accused-appellant Gur Bachan Singh and the complainant Makhan Singh had taken place in the presence of complainant Makhan Singh's neighbour Sardar Singh and his relatives Fateh Singh, Ganesh Singh and Meharban Singh and thereafter the complainant went to the matrimonial home of Suman with the accused-appellant Gur Bachan Singh where he met accused-appellant's father Mangal Singh who assured him that henceforth will neither Gur Bachan Singh will demand any dowry nor Suman would be harassed or maltreated in connection with any demand of dowry.