STATE OF PUNJAB Vs. BHAGO

JUDGEMENT

(1.) While standing at bus stand Bahowal P.S. Mahilpur district Hoshiarpur Satnam Singh real brother of Balwinder kaur (now deceased) made the following statement to ASI Kuldip Singh at 11.30 a.m. on 21st of July, 1986. I am resident of village Jallowal, My father Didar Singh does the work of cultivation in the field. We are six brothers and sisters. I have five sisters out of them two are unmarried and three namely Surinder Kaur, Jaswinder Kaur and Balwinder Kaur are married. About one year ago Balwinder Kaur was married to Paramjit Singh Sic Sadhu Singh, Saini, by caste, resident of village Sabhanpur. We had spent more money on the marriage of our sister according to the customs and beyond our capacity. We had also given dowry to our status. My sister stayed at her in laws house for about 2/3 months. Thereafter when she came to her parents house at that time my sister Balwinder Kaur told me, my father and my mother Vidya Kaur at the time of sleeping at night that she was harassed by her mother-in-law Bhago, her husband Paramjit Singh and her father-in-law Sadhu Singh son of Sunder Singh Saini by caste residents of Sabhanpur. They (in-laws) say that her parents have given less dowry at the time of her marriage. They did not want to settle her in their house because her parents had not given Kara of gold nor given television and fridge at the time of marriage. At night we went to sleep silently. In the morning we told the entire story of .my sister to Gurbachan Singh, Lambardar, Hazara Singh, Member Panchayat and Malkiat Singh, Sarpanch of village Jallowal. They verified the matter from my sister and said, Let us leave Balwinder Kaur at her-in-laws house after making entreaties. The daughters cannot be kept at their parental house. We i.e. my father, Malkiat Singh Sarpanch, Hazara Singh, Member Panchayat, Gurbachan Singh, Lambardar and I along with my sister went to village Sabhanpur. We after making entreaties to Paramjit Singh, his father and Bhago the mother of paramjit Singh of our helplessness left my sister at her in-laws house. Thereafter, whenever my sister Balwinder Kaur visited our village Jallowal, she used to say that her in-laws force her to bring more dowry. Today at about 7/7-30 a.m. Harbans Singh, Carpenter, resident of village Sabhanpur told us in our village that Balwinder Kaur had died. There upon, I and other members of my family and respectable persons of the village Sabhanpur enquired about the death of my sister Balwinder Kaur. I have suspicion that Paramjit Singh and his mother Bhago and Sadhu Singh her father-in- law on account of less dowry have committed the murder of Balwinder Kaur by administering her some poisonous substance. I along with Balwinder Singh Sb Malkiat Singh Saini by caste resident of village Jallowal P.S. Mahilpur was going to lodge a report that you met us at bus stand Bahowal. Action may be taken. I have heard the statement which is correct. On its basis formal FIR No. 96 was registered in Police Station Mahilpur at 12.05 p.m. on the same day.

(2.) On being charged with the commission of the offence under section 302 read with section 34 of the Indian Penal Code for murder of Balwinder Kaur, all the three accused pleaded Tnot guilty thereto and claimed to be tried. Vide its impugned judgment dated 2nd of March, 1987, learned trial court acquitted all the three accused holding that the evidence adduced by the prosecution against them was insufficient to bring home the guilt to the accused, feeling aggrieved there from, the State of Punjab has filed. Criminal Appeal No. 378-DBA of 1987 in this Court. Satnam Singh aforesaid has also filed Criminal Revision No. 622 of 1987 which was ordered by a Division Bench of this Court on 24th July, 1987 to be heard along with the State Appeal. Since the appeal and the revision are both directed against the same impugned judgment of the learned trial Court dated 2nd of March, 1987 and involve common questions of law and fact for determination, the same have been heard and are being disposed of together.

(3.) We have heard Shri S.S. Kang, DAG Punjab for the appellant State assisted by Shri J.S. Mann, Advocate, for the complainant party, Shri D.S. Brar with Shri S.S. Brar, Advocate, for the accused respondents and have perused the relevant material on record very carefully.