STATE OF PUNJAB Vs. RAJ SINGH

JUDGEMENT

(1.) Raj Singh (25), his mother Smt Nachhattar Kaur (50/55), father Karnail Singh (75) and sister Paramjit Kaur (18) were tried for an offence under section 306 of the Indian Penal Code by the Additional Sessions Judge, Ludhiana. They were acquitted by judgment dated April 15, 1985. Aggrieved by the acquittal, the State has preferred this appeal. Kehar Singh complainant in the case has, preferred Criminal Revision No. 1273 of 1985, which is also being disposed of by this judgment.

(2.) Kehar Singh (P.W. 2) married his daughter Nachhttar Kaur, who was renamed as Baljit. Kaur after the marriage by her in-laws, with Raj Singh accused 4/5 years prior to the occurrence. Nachhattar Kaur deceased was the only child of her father. For two years after the marriage the attitude of the husband and in-laws of Nachhattar Kaur was alright. Thereafter they started harassing her. The reason for the harassment was that they wanted Nachhattar Kaur to persuade her father Kehar Singh to transfer his agricultural lands in her favour being the only child lest Kehar Singh should transfer the said land in favour of his brothers son Bant Singh (P.W. 3) who was a physical handicap. In order to press their demand, they harassed Nachhattar Kaur and even inflicted physical cruelty. In view of this background father and other relations of Nachhattar Kaur, who belonged to a village named Charri, which is situated 819 miles away from village Kalalmajra, where Nachhattar Kaur was married, used to go every 5 to 7 days to enquire about her welfare. One day prior to the occurrence i.e. on November, 28,1984, Bant Singh (P.W. 3) along with his sin Karnail Singh went to Kalalmajra and met Nachhattar Kaur. She started crying and, when asked the reason, she told Bant Singh that her husband and in-laws were troubling her very much. She further told him that they wanted the land of her father to be transferred to the name of his son-in-law. She was so much troubled by the behaviour of her husband and in-laws that she found it better to die rather than continue to suffer. She also told him to tell her father and uncle about the matter and in case her father was unable to transfer the land, he should take her away from the house of her in-laws, as she apprehended danger to her life. Bant Singh came back to his village and narrated the whole thing to his father Gurdial Singh. At that time his uncle Kehar Singh, father of Nachhattar Kaur, had gone out of station. Next day, Kehar Singh returned to village Charri, when Bant Singh narrated what had transpired during his visit to his cousin sister Nachhattar Kaur. On hearing about the matter, Kehar Singh along with his brother Gurdial Singh proceeded to Kalalmajra reaching there at about 7/7.30 p.m. They found Nachhattar Kaur lying in a room in a state of agony. She was not able to utter anything. Froth was coming out of her mouth. All the four accused were present in the room and when Kehar Singh asked them as to what had happened to his daughter, they gave no reply. The further enquiry of Kehar Singh as to why the doctor had not been called and why Nachhattar Kaur had not been removed to a hospital also drew a blank. Within a few minutes of the arrival of Kehar Singh and Gurdial Singh to the house of her in laws, Nachhattar Kaur died.

(3.) Leaving Gurdial Singh at the spot, Kehar Singh went back to his village and informed his relations about the death of his daughter. Then he went to village Sangatpura, 4 miles away, collected his sisters son Sarwan Singh, who was Sarpanch of the village, and proceeded towards Khanna to lodge a report They met ASI Ram Kumar near the college where Kehar Singh made a statement Exhibit P.E. at 11.45 p.m. ASI Ram Kumar forwarded the statement to the Police Station Sadar Khanna where formal First Information Report was reported was entered at 12.30 a.m. on the night between 29th November and 30th November 1984. ASI Ram Kumar (P.W. 5) accompanied Kehar Singh and Sarwan Singh to the place of occurrence and found Gurdial Singh present there. He prepared inquest on the dead body, which was attested by Sarwan Singh and Gurdial Singh. He inspected the spot, prepared site plan and sent the dead body for post-mortem examination to Samrala. He recorded the statements of Sarwan Singh and Gurdial Singh. He also recorded the statement of Bant Singh.