GURJANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURJANT Singh along with his wife Surjit Kaur, son Harpal Singh and daughter Jasbir Kaur have come in this revision against the order dated September 23, 1989 passed by Chief Judicial Magistrate, Bathinda, charging the petitioners for offence under Sections 406 and 498-A IPC.

(2.) THE brief facts which may be necessary for decision of the revision are that on June 8, 1988 Gurdeep Kaur, who is the daughter-in-law of Gurjant Singh, moved an application to the Senior Superintendent of Police, Bathinda, with the following allegations.

(3.) GURDEEP Kaur was married to Iqbal Singh son of Gurjant Singh, who was serving as a Clerk in the office of Horticulture Development Officer, Bathinda. At the time of her marriage, she was given dowry inclusive of thirty tolas of gold, jeep, fridge, T. V. , sofa set, dinning set, almirahs, large box and other clothes. Iqbal Singh died in a bus accident on August 1, 1986. On October 19, 1986, re-marriage of Gurdeep Kaur was performed with Harpal Singh, the younger brother of Iqbal Singh. Subsequently, however, the attitude of Gurjant Singh and his wife changed towards her and they started making remarks against Gurdeep Kaur alleging that she had "eaten up their son". Even Harpal Singh was influenced by his parents and he also changed his attitude towards her. For ten months, from the period from 3. 7. 87 to 19. 5. 88, she remained absent from her service so that the family atmosphere may be congenial. However, during this period, she was made to do meanial jobs. During this period, an affidavit was got signed from her by Gurjant Singh and his wife on the pretext that Surjit Kaur was to get pension from the government. She, however, discovered that Gurjant Singh has not only disposed of the jeep, plot and land belonging to her deceased husband Iqbal Singh, but also taken away the gold from her, which they had originally given to her. Having received a communication from her office directing her to resume duty or she was likely to lose her job, she sought permission of her father-in-law and mother-in-law to permit her to join duty and he was told that in case she was bent upon to join service, she should leave the house and not to return again. They also insisted that she should resign the job. She, returned to the job on May 25, 1988 Gurjant Singh is keeping his muscle-men and as such she returns to her parents house from the place of her duty.