KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The case relates to the sordid story of an unfortunate death of Kamlesh Kaur aged about 24 years, who allegedly committed suicide by consuming aluminum phosphide. Consequently, Kulwant Singh being husband, Tarsem Kaur mother in law and Baldev Kaur his brother's wife were prosecuted. However, vide judgment dated 15.2.2000, passed by the learned Additional Sessions Judge, Hoshiarpur, accused Tarsem Kaur and Baldev Kaur were extended benefit of doubt and acquitted of the charges, whereas, accused-appellant Kulwant Singh (herein referred as 'the accused') was convicted and sentenced to undergo rigorous imprisonment for 8 years and to pay fine of Rs. 5000/- under Section 304B IPC.

(2.) The case reflects an unique history. It exposes the plight of helpless poor and simpleton conduct of the witnesses and the victim and also highlights the mischievous and partial conduct of the police officers in lending support to those who hold briefs for them.

(3.) Brief resume of facts, as culled out from the report under Section 173 Cr.P.C. is that Kamlesh Kaur aged about 24 years was married to the accused 4-1/2 years back. Out of the wedlock, a child was born to them who was about three years old at the time of occurrence i.e. 12.12.1995. Kamlesh Kaur died after having taken the aluminum phosphide, a poisonous substance at the house of her in-laws. Kirpal Singh complainant (herein referred as 'the complainant') in his first statement Ex.PF dated 12.12.1995 disclosed that the accused did not allow her to visit her parents for the last two years, however, he tried to persuade the accused not to restrict her movements. He had also taken Sarpanch Kuldeep Singh of the village to the house of the accused for the said purpose. On 12.12.1995 at about 3.00 p.m. he received a message that his sister was lying admitted in serious condition in Doaba Medical Hall, Kot Fatuhi, where he accompanied by his wife Satya Devi, son Balbir Singh and one Harvail Singh Saini went to Doaba Medical Hall, Kot Fatuhi and found that the dead body of Kamlesh was lying there. He further added that Kulwant Singh, Tarsem Kaur and Baldev Kaur must have administered poison to her, as a result of which she died. ASI Ram Chand recorded the aforesaid statement in the DDR, but no further action was taken on the aforesaid statement, though it pertained to the murder of his sister at the hands of the accused. However, Kirpal Singh on the next day i.e. 13.12.1995 moved an application Ex.PW3/A against all the three accused wherein he levelled allegations of maltreatment, demand of dowry and harassment to the deceased at the hands of the accused. English translation of the relevant portion of the application moved to the Senior Superintendent of Police, Hoshiarpur is reproduced as under: