GURMUKH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRITAM Singh PW 2 reported to S. I. /s. H. O. Knar Singh Dass at Police Ismailabad in Police Station Thaska of Kaithal district in Haryana State at 6. 30 P. M. on 17th March 1987 that his mother's sister's daughter Balwinder Kaur from the loins of Nand Singh Kamboh of village Daulatpur Fakira was married by him to Gurmukh Singh son of Mohan Singh on 16th March, 1986, that after marriage the male spouse Gurmukh Singh, his elder brother Hari Singh and their mother were all the three harassing Balwinder Kaur for bringing them more dowry and a bullet motor-cycle, that Balwinder Kaur had come to her parents' house 25 days before the occurrence and apprised them and the author of the First Information Report her cousin Pritam Singh aforesaid of it, that they in turn assured the two accused in Gurmukh Singh and Hari Singh nearly two weeks before the occurrence; when they went to their house for bringing Balwinder Kaur along therefrom that deficiency in dowry as also the bullet motor-cycle would be provided to them after harvesting "hari' wheat crop and sent Balwinder Kaur to her matrimonial home, that the intermediary in marriage Jit Singh was to visit the house of the parents of the bride to assure them of the acceptance of the arrangement aforesaid thereafter but did not come, that Pritam Singh (author of the First Information Report) visited the dera of the accused along with Malook Singh and Jit Singh in Village Dera Bhuni on 17th March, 1987 but did not find Balwinder Kaur therein. Upon enquiry someone present at the dera, however told them that Balwinder Kaur had been done to death and cremated secretly by the two accused in the evening on 10th March, 1987.

(2.) ON being charged with the commission of offences under Section 302 read with Section 34 of the Indian Penal Code for having murdered Balwinder Kaur in pursuance of their common intention, shared by them two, destruction of evidence of the murder aforesaid through hurried cremation of Balwinder Kaur thereafter punishable under Section 201 of the Indian Penal Code and for cruelty and harassment to Balwinder Kaur after marriage by making demands for more dowry and a bullet motor-cycle punishable under Section 498-A of the Indian Penal Code, both the convicted accused-appellants pleaded 'not guilty' thereto and claimed to be tried.

(3.) VIDE its impugned judgment dated 7th December, 1987 learned trial court convicted both of them of the offences aforesaid and sentenced them to undergo imprisonment for life for their conviction under Section 302 read with Section 34 of the Indian Penal Code, rigorous imprisonment for a period of two years each for their conviction under Section 201 of the Indian Penal Code and rigorous imprisonment for a period of two years more each for their conviction under Section 498-A of the Indian Penal Code. All the three substantive sentences of imprisonment awarded to both the convicted accused-appellants individually were, however, ordered to run concurrently.