RESHAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RESHAM Singh and his brother Mohinder Singh have filed the present prevision to challenge the judgment dated 19.10.2000 passed by the Additional Sessions Judge, Sirsa upholding the conviction and sentence. The conviction was recorded against two brothers and their mother Bhan Kaur by the Judicial Magistrate First Class, Sirsa on 23.10.1998. The conviction and sentence recorded against both the brothers was upheld, while Bhan Kaur was released on probation.

(2.) THE circumstances leading to the initiation of the trial against the petitioners and their mother under Sections 323, 498-A read with 34 IPC are that after the marriage of Resham Singh with Rajwant Kaur daughter of Gurmej Singh, Resham Singh and the members of his family were not satisfied with the dowry. Both the brothers, their mother Bhan Kaur and father Shingara Singh, had started harassing Rajwant Kaur with a view to compel her to bring Rs. 30,000/- in cash, a fridge and a cooler from her parents, who were not in a position to fulfil their demand. A son was born to Rajwant Kaur from the wedlock about one and a quarter years prior to the registration of the case at her behest. On that occasion her father and brother had brought clothes and customary gifts worth Rs. 10,000/- but still the petitioners and their mother were not pleased. After this, when Joginder Singh and his brother Mohinder Singh, went to see their sister Rajwant Kaur, she had apprised them that the accused were after her life and that she should be taken away. She had also brought to their notice about the demand of the accused for cash, fridge and a cooler, which demand was repeated before the brothers. On 26.7.1991 Rajwant Kaur was given a beating by the petitioners, their mother Bhan Kaur and father Shingara Singh and when she raised alarm Mahender Singh and Resham Singh tried to strangulate her. On hearing the alarm raised by her, people from the village, Balwinder Singh and Mahender Singh brother of Rajwant Kaur, reached the spot and rescued her. She was taken away from matrimonial home to the house of her parents and on the following day got admitted her in the Civil Hospital at Rania. The panchayat taken by Rajwant Kaur's father was told by the petitioners that their demand had to be fulfilled as a precondition for her return to the matrimonial home and this stand which was taken by them led to the registration of an FIR at the behest of Joginder Singh, brother of Rajwant Kaur. After investigation, the police put in a challan against the petitioners.

(3.) ON appeal, the Additional Sessions Judge rejected the pleas raised by the petitioners and their mother but modified the sentence imposed on Bhan Kaur to the extent that she was released on probation, hence the present revision.