AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order of sentence dated 11.4.1997 passed by the court of learned Additional Sessions Judge, Mansa whereby he convicted and sentenced Amarjit Singh accused to undergo rigorous imprisonment for a period of 7 years and to pay a fine Rs.500/- under Section 306 of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for a period of 4 months and also sentenced him to undergo rigorous imprisonment for a period of 2 years under Section 498-A of the Indian Penal Code, with a further direction that both the substantive sentences shall run concurrently. Shortly put, facts of the prosecution case are that on 20.2.1994, on receipt of message from Station House Officer, Police Station City Mansa that Kiranjit Kaur wife of Amarjit Singh resident of Phaphere Bhaike is admitted in Civil Hospital in an injured condition, ASI Iqbal Singh of Police Station Bhikhi alongwith other police officials reached the said hospital and found Kiranjit Kaur lying there. Karnail Singh who was present near dead body made statement that he is resident of Mansa and is a mason by profession. His sister Kiranjit Kaur was married with Amarjit Singh son of Sukhdev Singh resident of village Phaphere Bhaike about 15 years back. She had given birth to 3 daughters and 2 sons. His brother-in- law Amarjit Singh used to insist upon his sister Kiranjit Kaur to fetch money as well as other articles from her parents. They have been fulfilling the demands of Amarjit Singh according to their financial capacity. On 19.2.1994, he went with Rs.10,000/- to village Phaphere Bhaike to the house of his sister and gave the said amount to her. Since by such time, the sun had set, he stayed back there for the night. On 20.2.1994 at about 10.00 Amarjit Singh, his father Sukhdev Singh, his mother Raj Devi and younger brother Niranjan Singh gathered at the house of his sister and demanded more money from him and his sister, who showed her inability to pay more amount. Thereupon, Amarjit Singh, his parents and his younger brother Niranjan Singh started abusing her and rebuked her that if she is not to bring more money she should die by taking poison. On this, she went inside while weeping and after sometime, she came out in an unconscious condition and stated that she had fulfilled their desire and they should feel relieved . She hugged Karnail Singh and fell down. Amarjit Singh, his parents and younger brother Niranjan Singh ran away from the spot. Karnail Singh arranged for the vehicle and brought Kiranjit Kaur to Civil Hospital, Mansa, where she expired. On the basis of this statement, formal F.I.R. was registered. In due course, the accused was arrested. After completion of investigation, the charge-sheet was laid in the court of the learned Ilaqa Magistrate, who committed the case to the court of Sessions for trial of the accused.

(2.) On commitment, the accused was charged under Section 306/498-A of the Indian Penal Code to which he did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution examined PW-1 Dr. Asha Kiran, PW-2 Karnail Singh, PW-3 ASI Iqbal Singh, PW-4 Mukhtiar Singh S.I. and closed its case. When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded innocence as well false implication. He pleaded that his wife was a patient of depression. She quarelled with his mother and sister one day prior to the occurrence and committed suicide . All her four brothers and mother were also patients of depression and had committed suicide. In his defence, he has examined DW-1 Vinod Kumar Goyal, Advocate, District Courts Bathinda and DW-2 Ajaib Singh. After hearing the learned Public Prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved therewith, he has preferred this appeal. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. Mr. A.P.S.Deol, strenuously urged that the learned trial Court has based the conviction on the solitary statement of highly interested witness namely Karnail Singh who is brother of Kiranjit Kaur deceased and there is no independent corroboration of supportive of the charge under Section 306 of the Indian Penal Code. The demand of dowry seems to have been introduced as an after thought, after the deceased committed suicide on account of depression. Aforesaid Karnail Singh (sic) while deposing in the court as PW-2 has introduced new facts which were different from the F.I.R. Thus, he stands totally discredited and contradicted with his earlier version in the F.I.R. A witness who has changed the version cannot be believed. The allegations in the F.I.R. against other family members of Amarjit Singh appellant, namely Sukhdev Singh father- in-law, Raj Devi mother-in-law and Niranjan Singh brother-in-law of the deceased have been found to be false during investigation and that being so, they were neither challaned, nor summoned by the learned trial Court to face trial alongwith the appellant. It speaks volumes of the fact that indeed they have been named in the F.I.R. by Karnail Singh only to harass and humiliate all the members of the family. Furthermore, the police has failed to collect any poisonous substance from the place of the occurrence in order to show as to what was the nature of the poison taken by the deceased. The marriage of the deceased being more than 7 years old, the presumption under Section 113-A of the Indian Evidence Act cannot be drawn against the appellant.

(3.) The learned State Counsel maintained that on evaluating the prosecution evidence, it transpires that the judgment under appeal warrants no interference.