STATE OF PUNJAB Vs. RAJ KUMAR

JUDGEMENT

(1.) CHUNI Lal father of deceased Sunita alias Bholi reported to ASI Gian Singh of Police Station Batala at Khajuri Gate, Batala around 10.20 A.M. on 18th November, 1985 that his son-in-law Joginder Pal, his two brothers (of the son-in-law) named Raj Kumar and Prem Kumar, mother-in-law of the deceased named Savitri Devi and married sister of her husband named Savita had abetted the commission of suicide by his deceased daughter aforesaid around 9 00 P.M. on 17th November, 1985 and subjected her to cruelty envisaged in section 498-A of the Indian Penal Code for nearly 4-5 months prior thereto by raising demands of Rs. 10,000/- in cash for the construction of a Chaubara and a Jersy cow, a couple of months after her marriage with Joginder Pal, which was allegedly performed nearly 6 or 7 months before the date of occurrence.

(2.) ON being charged with the commission of offences under sections 306 and 498-A of the Indian Penal Code all the six accused individually pleaded 'not guilty' thereto and claimed to be tried. Vide its impugned judgment dated 3rd March, 1987 learned trial court held both the charges framed against the accused-respondents as not proved and acquitted them. Feeling aggrieved therefrom the State Government of Punjab has filed Criminal Appeal No. 420-DBA of 1987 in this Court against their acquittal.

(3.) THE allegations set out in the First Information Report are, "My daughter Sunita was married with Joginder Pal alias Bhilla son of Janak Raj, Jargar, resident of Dhiran Mohalla Batala about 6/7 months back. Two months after the marriage of my daughter Sunita, her father-in-law Janak Rai, mother-in-law Savitri, Jeths (husband's elder brothers) Raj and Prem Kumar started maltreating her and pressing her to bring an amount of Rs. 10,000/- and a Jersy cow from her parents. My daughter Sunita had also posted me a letter telling me that her in-laws were harassing her very much and were giving her threats to kill her. I, being poor, cannot meet their demands. On 14th November, 1985, the day of Tikka my daughter had come to me at Sujanpur. On that day also she had narrated the same story. Even then I had sent her along with my son-in-law to Batala after persuading her. About one month back also Savita, the sister-in-law (husband's sister) of my daughter had come and she also had threatened to kill her (my daughter)." To lend credence thereto and make it a substantive piece of evidence, Chuni Lal author of the First Information Report asserted as PW 1, "Sunita was my daughter and was, my eldest child. My daughter Sunita alias Bholi was married with Joginder Pal alias Bhilla accused present in court about 6/7 months before her death. Janak Raj accused present in Court is the father of Joginder Pal accused while Raj Kumar and Prem Kumar are his brothers. Savitri Devi accused is the mother of Joginder Pal. About 2 months after the marriage, all the five accused present in court started troubling Sunita and asked her to bring one Jersy cow and cash of Rs. 10,000/- from her parents. Sunita wrote a letter to me in this connection which is Ex. PA. I had been seeing Sunita writing and signing and I am familiar with her handwriting and signatures. The letter Ex. PA is in her hand. I received said letter in July 1985. On 14.11.1985 on the eve of Tikka Bhaidooj Sunita my daughter came to our house. She told us that all the 5 accused had been threatening to kill her and had been. insisting to bring a jersy cow and a cash of Rs. 10,000/- from her parents. Her husband was also with her when she visited our house. I advised Sunita to treat her in-laws family as her real family and should try to endear them so that they give up the demand for cow and cash. About a month before said Tikka day, Savita, sister of Joginder Pal had visited our house and had remarked that we were financially well up and that we should give them a sum. of Rs. 10,000/- to construct a Chobara." In cross-examination the witness further admitted, "I had stated in my statement Ex. PB that I had received the letter from Sunita about a month before her death and have not mentioned specifically the month of July (confronted Ex. PB were neither the month of July nor the letter having been received a month earlier is mentioned. The fact of receiving a letter from Sunita is mentioned). The letter Ex. PA bears one postal stamp. I had stated in Ex. PB that on 14-11-85 Sunita had told us that the accused had been demanding a cow and Rs. 10,000/- failing which she would be finished. I had mentioned in my statement Ex. PB that Savita the sister of Joginder Pal had also threatened Sunita but I did not mention that she also asked us to part with a sum of Rs. 10,000/- so that they should construct a Chobara (Confronted Ex. PB where it is simply mentioned that Savita had also been threatening about a month before the occurrence.) The five accused had talked to me directly in respect of their demands for a cow and cash. The accused had been visiting our house separately. We had told the sister and father of Joginder Pal accused when they had come to our house about 2 months after the marriage that we were retunable to meet their demand and that they would drop our daughter at our house and also return us the articles given to her in marriage.