SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SUKHDEV Singh and his father Bahadur Singh, both appellant along with three others were tried by the Addition Sessions Judge, Ludhiana, on charges for offences under Sections 498-A and 304-B of Indian Penal Code. Amarjit Kaur, Kiranjit Kaur and Balbir Kaur, co-accused of the present-appellants, were, however, acquitted by the trial Court while the appellants were found guilty of the above referred charges and each of them was sentenced to undergo sever years' rigorous imprisonment besides a fine of Rs. 4,000/- and in default of payment thereof, to further undergo one years' rigorous imprisonment, under section 304-B of the Indian Penal Code. They were further awarded two years' rigorous imprisonment and a fine of Rs. 1,000/- and in default thereof to undergo six months' rigorous imprisonment under section 498-A of the Indian Penal Code. Feeling aggrieved against the above referred orders of conviction and sentence, the appellants have come up in appeal.

(2.) THE brief resume of facts relevant for the disposal of this appeal is that Mst. Karanjit Kaur deceased, daughter of Jagir Singh (PW1) of village Lalheri was married to Sukhdev Singh, appellant of village Partapgarh, on 21.2.1988. Bahadur Singh accused is the father-in-law of the deceased. Jagir Singh, father of the deceased, on the occasion of the marriage satisfied almost all the demands of the husband and parents-in-law of his daughter to his maximum capacity but it appears that the accused were not satisfied with the same. On 15.12.1988, Jagir Singh had deposited Rs. 5,000/- in the account of his daughter in the Punjab National Bank. Bahadur Singh and Sukhdev Singh accused were forcing Mst Karamjit Kaur to withdraw this amount but she did not do so. About fifteen days prior to the present occurrence, Sukhdev Singh accused along with his wife Karamjit Kaur deceased visited the house of Jagir Singh and demanded the payment of some money in order to purchase a new trolley of a tractor. Jagir Singh father of the deceased got the tyres of the father of Sukhdev Singh accused retreaded at the cost of Rs. 2,800/- only four or five days of the above referred demand. Again on 2nd of June, 1989, Sukhdev Singh accused along with his wife went to his in-laws' house and on demand, his father-in-law Jagir Singh gave him another Rs. 2,000/- although he was demanding more. Karamjit Kaur deceased used to tell her mother Nasib Kaur PW2, brother Balwinder Singh and father Jagir Singh that her mother-in-law Balbir Kaur, father in-law Bahadur Singh sisters in-law Kiranjit Kaur and Amarjit Kaur were harassing her in order to fetch more money from her father. These persons also used to taunt Mst. Karamjit Kaur deceased by saying that she belonged to a poor family and had no place in their house, if she failed to bring any money. On 5.6.1989, Jagir Singh PW along with his wife's brother Major Singh went to see his daughter Karamjit Kaur deceased at her matrimonial house, where they learnt that some poison had been administered to Karamjit Kaur by her sisters-in-law, parents-in-law and husband and she had been taken to Dayanand Hospital for treatment. Both these persons then went to that Hospital where they found Mst. Karamjit Kaur dead. Jagir Singh PW then contracted ASI Charan Singh in the Hospital and lodged report Exhibit PA at 9.55 AM on that very day. On its basis, as case for the above referred offences were registered by ASI Darshan Singh at Police Station Sahnewal.

(3.) ASSISTANT Sub-Inspector Charan Singh PW11 after recording the statement of Jagir Singh PW and despatching it for registration of the above referred case, also held inquest Exhibit PC on the dead body of Mst. Karanjit Kaur and got the dead body subjected to post-mortem examination from Dr. A.S. Sahni PW5 of Civil Dispensary, Kidwai Nagar, Ludhiana. This doctor during autopsy observed the coming of froth from the nose and mouth besides the congestion of brain both the lungs and heart. Suspecting it to be a case of poisoning, this Doctor sent the viscera in a sealed parcel to the Chemical Examiner for analysis. The Chemical Examiner vide his report Exhibit PH found that the viscera contained aluminium phosphide poison. Assistant Sub-Inspector Charan Singh during the investigation of the case also recorded the statement of Nirmal Singh PW6, who had acted as mediator in bringing about matrimonial alliance between Sukhdev Singh accused and Karamjit Kaur deceased, who stated that he went to the house of the accused at 8.00 a.m. on 4.6.1989 and found Karamjit Kaur deceased in a depressed state. On query, she apprised him that both her sisters-in-law Kiranjit Kaur and Amarjit Kaur had pinned her down to the ground by pressing her legs and arms while her mother-in-law Balbir Kaur had secured her from pig tail and her Husband Sukhdev Singh had put some thing in her mouth from a glass tumbler in liquid form after squeezing her nose and that she was feeling giddy since then. Nirmal Singh then enquired from Bahadur Singh accused as to what the matter was. Bahadur Singh then confessed his guilt and asked Nirmal Singh to keep evict and not to agitate the matter further. On the advice of this witness the victim was removed to the Hospital for treatment. After the death of Mst. Karamjit Kaur in the Hospital. Nirmal Singh left the Hospital of village Lalheri and reached there at 6.30 P.M. Jagir Singh PW was then not available at his house and, therefore he informed Mst. Nasib Kaur for this episode. Nirmal Singh returned to Dayanand Hospital on the text morning when his statement was recorded by the police. The accused were arrested and after completion of investigation were arraigned for trial on such like allegations.