BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The judgment and order dated 7.11.1998 passed by Additional Sessions Judge, Faridkot, while convicting the appellant under Section 306 IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/-, has been challenged by him by filing the present appeal.

(2.) Sukhdev Kaur, since deceased, was married to the appellant about 15/16 years before the occurrence,1 which had taken place on 15.4.1994. From the said wedlock, three daughters and a son were born. According to the prosecution, the appellant, his mother Gurnam Kaur, sister Bhupinder Kaur and sister's husband Boota Singh used to maltreat the deceased and beat her. On account of the maltreatment received by her, the deceased had been visiting her parental house. However, her father Jarnail Singh used to leave her at her in-laws' house after making requests to the accused. The deceased had been staying at her parental house for about 2/3 months and during her stay, she had been apprising her parents and Jalour Singh, who was mediator in her marriage, about her maltreatment by the accused. On 15.4.1994 at about 11.30 AM, Jarnail Singh, Jalour Singh and one Hukam Singh went to the house of the accused, where they found the dead body of Sukhdev Kaur lying on a cot. According to the prosecution, the deceased had committed suicide by consuming some poisonous substance as she used to be maltreated by the accused.

(3.) FIR was registered on the basis of a statement made by Jarnail Singh, father of deceased Sukhdev Kaur. The investigation was taken up by Inspector Kashmir Singh, who proceeded to the spot and prepared inquest report. The dead body was sent for post mortem examination. Rough site plan of place of the occurrence was prepared. Statements of the witnesses were recorded and the belongings of the deceased taken into possession. The appellant, alongwith his mother and sister was arrested on 22.4.1994, while Boota Singh, brother-in-law of the appellant, was arrested on 24.5.1994. On receipt of report of the Chemical Examiner, the cause of death was given by the doctor to be on account of presence of carbamate group of insecticide in the lungs, heart, intestines, liver, spleen and kidneys of the deceased. Once the investigation was completed, final report under Section 173 Cr.P.C. was presented against the four accused. It was followed by commitment of the case and vide order dated 3.9.1994, Additional Sessions Judge,