KAUL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 20.5.1997 passed by Sessions Judge, Faridkot, whereby Gurdeep Singh, husband of deceased Jaswinder Kaur, Kaul Singh, Chhinder Kaur, father-in-law and mother-in-law, respectively have been convicted and sentenced under Section 304-B IPC. The Sessions Judge, Faridkot, sentenced Gurdeep Singh, husband, to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 500/-. In default of payment of fine, to further undergo rigorous imprisonment for one month. Kaul Singh, father-in- law, and Chhinder Kaur, mother-in-law, were sentenced to undergo seven years each and to pay a fine of Rs. 500/- each. In default of payment of fine, to further undergo rigorous imprisonment for one month under Section 304-B IPC. No separate sentence under Section 498-A IPC has been awarded.

(2.) Marriage of appellant Gurdeep Singh was solemnized with Jaswinder Kaur, daughter of Nachhattar Singh, about three years before the date of occurrence. Nachhattar Singh made his statement Ex.PA before Nirmal Singh, Assistant Sub Inspector, of Police Station Lambi, at Christian Medical College, Ludhiana, on 26.1.1993 at 2.30 P.M. From the statement made by Nachhattar Singh, brief facts can be gathered. Nachhattar Singh stated that he was resident of village Bhagu and was doing agricultural work. He has got two sons, namely Jagjit Singh and Manjit Singh and one daughter Jaswinder Kaur, who was married three years ago with Gurdeep Singh, resident of Bidhowali. About one and a half years ago, his daughter Jaswinder Kaur had given birth to a daughter. At the time of marriage, complainant had given dowry beyond his capacity but in-laws of Jaswinder Kaur were not happy and they used to maltreat her. About one year ago, husband of the daughter compelled her to bring Rs. 15,000/-. In order to save the matrimonial home of her daughter, complainant borrowed Rs. 15,000/- from the Commission Agent and paid the amount to her daughter. After a few days, his daughter was beaten by her husband, father-in-law and mother-in-law and was turned out of the house for bringing more dowry. Upon this, complainant along with his elder brother Karnail Singh and Member Panchayat accompanied by their daughter, went to the house of accused, made entreaties and left Jaswinder Kaur in her matrimonial home. Four months ago, complainant had married his sons Jagjit Singh and Manjit Singh in village Ganga falling within the jurisdiction of Police Station Dabwali. The marriage of both his sons was attended by Gurdeep Singh, his sister called MP, mother Chhinder Kaur and father Kaul Singh. The in-laws of complainant's sons had given Scooter in the dowry. Due to this, Gurdeep Singh demanded from his wife Scooter and a buffalo. Daughter of the complainant replied that her parents are poor and they are not in a position to satisfy the demand of Scooter and a buffalo. Due to this, Gurdeep Singh, accused, gave slap blows to Jaswinder Kaur in front of the complainant and his wife. The accused had left their daughter at the house of complainant and stated that they would re-marry Gurdeep Singh, accused. About one and a half months before registration of the FIR, the marriage of sister of Gurdeep Singh was fixed. At that time, family of Gurdeep Singh was demanding Rs. 20,000/-. Being poor, this demand could not be satisfied by the complainant due to which daughter of complainant was harassed by her mother-in-law, sister-in-law, father-in-law and husband. On 25.1.1993, complainant and his nephew Charanjit Singh went to the house of accused to meet his daughter. They reached there at about 4.30 P.M. At that time, their daughter was not at home. From neighbourers, it was learnt that complainant's daughter was burnt after pouring kerosene oil by father-in-law, mother-in-law, husband and sister-in-law and she has been taken in a burnt condition to Gidderbaha. Upon this, complainant along with his nephew reached at Civil Hospital, Gidderbaha and learnt that daughter of the complainant has been referred to Christian Medical College, Ludhiana. In the morning, complainant along with his brother reached Christian Medical College, Ludhiana, where his daughter had already died. Complainant stated in the FIR that his daughter has been killed by her in-laws after kerosene oil was poured upon her and action be taken against the accused. The above said statement led to registration of case FIR No. 8 dated 26.1.1993 at Police Station Lambi under Section 304-B/34 IPC. The above said FIR was investigated. Report under Section 173 Cr.P.C. was submitted.

(3.) Mandeep Kaur, sister of Gurdeep Singh was placed in column No.2. Later an application was filed to summon Mandeep Kaur and the same was declined on 6.11.1993 by the Sessions Judge, Faridkot.