CHANAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal that has been filed by Sh. Chanan Singh and Swaran Kaur seeking to challenge the judgment of their conviction dated 16.10.2003 under Sections 306 and 498-A IPC in FIR No.46 dated 10.04.2000 under Sections 304-B and 498-A IPC, Police Station Sadar, Kapurthala and the order of sentence dated 18.10.2003 recorded thereunder.

(2.) Learned counsel appearing on behalf of the appellants contends that the Court below had misread the evidence in its entirety while convicting and sentencing the appellants to undergo rigorous imprisonment for a period of five years each for the offence punishable under Section 306 IPC and to undergo rigorous imprisonment for a period of one year and six months each for the offence punishable under Section 498-A IPC, both the sentences to run concurrently. It is argued that their son Dilbag Singh, husband of the deceased Nachhatar Kaur, who was also named in the FIR has subsequently been acquitted by the Sessions Judge, Kapurthala by judgment dated 22.01.2018. It is also argued that the statement of brother of the deceased Gurdeep Singh was recorded on 21.12.2017 before the Sessions Judge, Kapurthala wherein he categorically stated that his sister committed suicide only on the ground that she had been denied visa by the Austrian Embassy and not account of demand of any dowry namely TV or fridge or on account of any harassment meted out to her by members of her husband's family or the husband himself. Gurdeep Singh had further stated that his father, who had recorded his statement had done so under pressure of the police.

(3.) Learned counsel appearing on behalf of the appellants further points out that in fact the matter has subsequently been compromised between the parties on 08.12.2016 wherein it has categorically been recorded that both Chanan Singh and his wife Swaran Kaur were not at fault and should not be made to suffer any more than what they have already undergone. The said compromise is available on the record as Annexure A-1 along with affidavit of Sh. Gurdeep Singh duly attested.