DEEPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid appeals, the same are taken up together and disposed of by a common judgment.

(2.) All the four appeals have been filed by the appellants against their conviction and sentence vide judgment and order dtd. 26/10/2016 of the learned Additional Sessions Judge, Moga in Sessions case No. 08 of 2013, whereby, they were charged with and tried for offences punishable under Ss. 326-A, 307, 406, 498-A and 120-B of the Indian Penal Code (in short 'IPC') along with Paramjit Singh, Karamjit Kaur, Sukhmander Singh and Sukhminder Kaur. The appellants were convicted and sentenced as under:-

(3.) The case of the prosecution in a nutshell is that on 11/7/2013, a wireless message was received from SHO Police Station Kotwali, Faridkot that Mandeep Kaur daughter of Shamsher Singh, resident of village Daya Kalan has been admitted in Government Hospital, Faridkot, due to acid injuries. On this DSP Jaswinder Singh along with ASI Gulzar Singh and other police personnel collected Ruqa from PS. Kotwali, Faridkot and reached Shri Guru Gobind Singh Medical College, Faridkot and recorded the statement of Shamsher Singh, father of Mandeep Kaur. He stated that his daughter Mandeep Kaur was married with Harinder Singh about two years back. For the last one year, his daughter had a dispute with her husband. A divorce petition was pending before the Learned Sessions Judge, Moga. He along with his daughter was going to the Court on their Bajaj Chetak Scooter bearing No.PB-25B-3859 to attend the hearing in the said case. At about 9:30 a.m. when they reached near Gurukul School ahead of village Kokari Kalan and before sem nallah, then four persons on two motorcycles came from their back side from Kokari Kalan. On one motorcycle his son-in-law Harinder Singh was sitting on the pillion seat. They took one motorcycle to the right side of the scooter of the complainant. The other motorcycle on which his son-in-law Harinder Singh was the pillion rider was taken to the left side of the scooter of the complainant. His son-in-law had a jug full of acid. He threw the acid on him and his daughter with an intention to kill them. The complainant and his daughter tried to save themselves, but accused Harinder Singh threw more acid on them. They were badly burnt. Both fell down on the road along with the scooter. His son-in-law Harinder Singh along with his companions ran away from the spot on the motorcycles. Some unknown person got them admitted in Civil Hospital, Moga for medical treatment, from where they were referred to Shri Guru Gobind Singh Medical College, Faridkot. He stated that Karamjit Kaur mother, Sukhmander Singh uncle and Sukhminder Kaur, wife of uncle of Harinder Singh used to threaten them that if his daughter did not remain with them and withdraw the cases, they would be burnt and acid would be thrown on them. On the basis of this statement, FIR was registered. Site plan was prepared. Statements of witnesses were recorded. Sand mixed with acid was taken into police possession from the spot. Accused were arrested. Accused Harinder Singh and Jagjit Singh suffered disclosure statement leading to recovery of a jug and a can of plastic. On 16/7/2013 statement of Mandeep Kaur was recorded, wherein, she implicated her father-in-law Paramjit Singh, mother-in-law Karamjit Kaur, uncle-in-law Sukhmander Singh and aunt-in-law Sukhminder Kaur about raising dowry demands. Offences under Ss. 406 and 498-A IPC were added. After completing the investigation, challan was filed.