GURBACHAN KAUR Vs. KARNAIL SINGH RESHAM SINGH

JUDGEMENT

(1.) THE respondent was tried of the offence of Section 306, 304 (B) and 498 (A) of I. P. C. On the complaint made by Smt. Gurbachan Kaur in C. R. No.495/86 at Turbhe Police Station. In that complaint, it was alleged that her daughter Manjuit Kaur was given in marriage to respondent on 19-10-1985 in Wagle Estate, Thane. After the marriage, her daughter was residing with her husband in the house of sister of her husband at Wadala. THEreafter, she also went to Jalandar along with her husband. She resided there for a period of four months and thereafter again she returned to Wadala. THEreafter respondent left his wife i. e. daughter of the complainant to the house of the complainant. After the intervention of certain middlemen she again went to the house of the first respondent. It is alleged that first respondent was harassing her and ill-treating her and insisting upon gold chain from her parents. He also used to beat the deceased under the influence of liquor and was also making her to stand on her legs throughout the night. Manjit Kaur was not ready to go to reside with the accused on account of these ill-treatment. But at the intervention of the middle man Shri. Suhas Sharma, she went to stay. On 3-8-1986 at about 3.30 hours she committed suicide by pouring kerosene on her person and setting fire to her person. THE present complaint was filed by Smt. Gurbachan Kaur on 7-9-1986.

(2.) AFTER the trial, first respondent was acquitted by the trial court under Section 306 and 304 (b) of I. P. C. and convicted him only under Section 498 (A) of I. P. C. and sentenced to suffer S. I. till the rising of the court and to pay fine of Rs. 5,000/- and in default R. I. for one year. Being aggrieved by the order entered into by the Magistrate for the inadequacy of the punishment and also acquitting the accused for the other offences, mother, the de facto complainant filed this Revision Application.

(3.) AS I pointed out earlier, the acquittal entered by the Sessions Court under Section 304 (b) has to be reconsidered and the evidence has to be reappreciated by the trial court and award appropriate sentence according to law.