STATE OF PUNJAB Vs. TARA SINGH

JUDGEMENT

(1.) THE present appeal has resulted from a case registered at the instance of Gurmeet Kaur against her husband Tara Singh, her father-in-law Chand Singh and brothers of his father-in-law namely Inder Singh and Pritam Singh at Police Station, Sangrur, Gurmeet Kaur alleged that she was married to Tara Singh about two years before the occurrence and after some time of marriage her relations with her husband became strained who filed a petition for divorce against her which was pending in a Court at Sangrur. On the day of occurrence she had gone to Sangrur to see her Counsel in connection with that case and while she was returning to village Mangal where she resided, Tara Singh accused tried to hit his scooter against her bicycle from the back side. She, however, escaped. On the same night she was sleeping in a Chaubara where a boy named Rajinder Singh, who resided with her, was also sleeping and a lantern was burning when at about 12.30 A.M. the door of the Chaubara was forcibly opened and Tara Singh and Inder Singh came inside armed with Sotis. They were followed by Chand Singh and Pritam Singh who too had Sotis. Inder Singh caught hold of her by her hair and Tara Singh gave a Soti blow on her left ankle. Chand Singh gave Soti blows on her buttock while Pritam Singh cought hold her from her legs. She and Rajinder raised alarm at which Chand Singh tried to gag her mouth and she received scratches on her face. While leaving the place the accused-respondents threatened her with dire consequences.

(2.) DURING the night Gurmeet Kaur went to the house of Chan Singh Sarpanch of village Mangwal and gave him information regarding the incident who sent a ruqa to S.H.O, Police Station, Sangrur. On receipt of ruqa S.I. Gurmeet Singh reached the village and recorded the statement of Gurmeet Kaur on the basis of which a case was registered against the respondents. Gurmeet Kaur was medically examined. After completion of the investigation the accused were tried for offences under Sections 452, 323 and 506 of Indian Penal Code by Shri J.K. Goel, the learned Chief Judicial Magistrate, Sangrur. They were found guilty and were convicted and sentenced for the offences under Sections 452 and 323 I.P.C. Against the judgment recording their conviction, the accused-respondents filed an appeal which was accepted by Shri R.K. Singal, the learned Additional Sessions Judge, Sangrur vide judgment dated 8.2.1983 and conviction and sentence imposed upon the respondents were set aside. Against this judgment recording acquittal of the respondents the State of Punjab has come up in appeal.

(3.) THE contentions of the learned counsel in our view cannot be accepted as there was sufficient reason for Gurmeet Kaur to involve her husband, his father and uncles because she was not having good relations with her husband and litigation was pending between them for severing the marital connections. The contention of Tara Singh respondent during trial when his statement was recorded was that he was falsely involved in the case. He resided at Bhiwanigarh while Pritam Singh was a resident of village Tungan. There was no question of forming any group and causing injuries to Gurmeet Kaur. In fact she had foisted this case on them on account of divorce proceedings. It was further contended that Rajinder Singh who was a child of 8-9 years had made a tutored statement.