PARKASH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction dated 2.12.2002 rendered by the Court of Additional Sessions Judge, Amritsar, whereby the Appellant was held guilty of offence under Sections 306 and 498 -A IPC and vide a separate order of even date, he was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000, for the offence under Section 306 IPC, in default whereof to further undergo imprisonment for a period of one month. For the offence under Section 498 -A IPC, he was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500, in default whereof to further undergo imprisonment for a period of 15 days. Both the sentences were ordered to run concurrently.

(2.) THE marriage of deceased Ravinder Kaur with Appellant Parkash Singh was more than seven years old. From the loins of the Appellant and from the womb of deceased Ravinder Kaur, two sons namely Satbir Singh and Jashandeep Singh were born. As per the Birth Certificate of Satbir Singh Ex.DC, he was born on 5.4.1991. Therefore, the marriage was before 5.4.1991 and it is to be presumed that it was performed somewhere in the year 1990.

(3.) BRIEFLY put, the allegation against the Appellant is that he was demanding an amount of Rs.10,000 to expand his business of vegetables from his in -laws and due to inability of the parents i.e. mother and brother of deceased Ravinder Kaur to pay the amount, she was subjected to harassment and cruelty including beating. In the present case, FIR Ex.PD/2 was registered on the basis of a statement Ex.PD made by PW.2 Sukhbir Singh, brother of deceased Ravinder Kaur. In his statement, PW.2 Sukhbir Singh revealed that he was a resident of village Dapai and was employed as Beldar at Jhabal in the Department of Agriculture. He was having two sisters. Ravinder Kaur was his youngest sister. She was married with Appellant Parkash Singh according to Sikh Rites. At the time of marriage, the family had given dowry beyond their capacity. After about two/three months of the marriage, Appellant Parkash Singh started maltreating his wife Ravinder Kaur for bringing less dowry. She was given beating and was compelled to bring more dowry. Due to conduct of Appellant, Ravinder Kaur used to stay at her parental house for about more than eight/ten days. About two times, Mangal Singh, maternal uncle and Ajit Singh, father, had taken deceased Ravinder Kaur back to the house of in -laws and had fulfilled the demands of Appellant Parkash Singh. As and when the demands were fulfilled, the conduct of Appellant Parkash Singh became appropriate with his wife but soon the demand of dowry was again repeated and deceased Ravinder Kaur was again subjected to harassment and maltreatment. On 11.8.1998, bhog ceremony and Akhand Path was performed in the native village of deceased Ravinder Kaur on account of death of Swaran Singh, elder brother of her father. Deceased Ravinder Kaur had also gone to attend the last ceremony of her uncle. There she disclosed to her mother that Appellant Parkash Singh was demanding Rs. 10,000/ -to expand his business of vegetables and in case she failed to bring the amount demanded she would face dire consequences. However, PW.3 Naseeb Kaur, mother of deceased Ravinder Kaur persuaded her to return to her in -laws' house. On 22.8.1998, at about 8.00 P.M. Sukhbir Singh received a telephonic message that deceased Ravinder Kaur and Appellant Parkash Singh were quarrelling, upon which he along with his cousin Kuldip Singh went to Chheharta to their sister's house. On reaching there, they found that Ravinder Kaur had consumed some poisonous substance was lying in the courtyard and was about to succumb. Thus, he along with Kuldip Singh arranged for a three wheeler and took her to Guru Nanak Dev Hospital, Amritsar, where she was treated by the doctor but expired on the next day in the morning. A grievance was made by the complainant that due to harassment and beating given by Appellant Parkash Singh, his sister Ravinder Kaur had committed suicide by consuming poison. The above said FIR was investigated and the report under Section 173 Code of Criminal Procedure was submitted.