STATE OF PUNJAB Vs. KIRPAL SINGH

JUDGEMENT

(1.) This appeal is directed against the order of Additional Sessions Judge, Amritsar dated 23rd of November, 1982, whereby Ajit Singh, husband Kirpal singh and Kirpal Kaur, parents-in-law and Gurmit Kaur sister-in-law of Satinder Kaur and Gajjan Singh brother of Ajit Singh were acquitted of the charge u/S. 306 of the Indian Penal Code for abetting commission of suicide by Satinder Kaur.

(2.) In brief facts of the prosecution case as emerge from the first information report lodged by Surinder Singh brother of the deceased are that his younger sister Satinder Kaur aged about 22 years was married to Ajit Singh on 19/11/1980. Sometime after the said marriage, her husband, parent-in-law and Gurmit Kaur sister-in-law started maltreating her for bringing inadequate dowry and coercing her to bring more dowry from her parents. In February, 1981 the husband and father-in-law of Satinder Kaur demanded money for starting some business. In that very month Surinder Singh (first informant) went and delivered Rs. 2000.00- to Ajit Singh at latter's village i.e. Algon. About 15 days prior to the lodging of the first information report i.e. in the last week of May, 1981 both Ajit Singh and Satinder Kaur went to her parental village (Attari) and asked the first informant to purchase a motor cycle for Ajit Singh. Surinder Singh informed them that he had no money with him to purchase the same and would purchase it after sometime. At this Ajit Singh got annoyed and returned from Attari together with his wife who was in a family way. On 10-6-1981, Kundan Singh came and informed Surinder Singh that he had gone to village Algon in connection with some domestic work there he came to know that Satinder Kaur was ill since morning. Her in-laws did not permit him to see her on the pretext that she was sleeping. Soon thereafter Surinder Singh along with his brother Balbir Singh and uncle Rup Singh went and reached village Algon at 6 p.m. in order to enquire about the health of Satinder Kaur. She was in serious condition and informed Surinder Singh that she had been harassed by Ajit Singh, Kirpal Singh, Gajjan Singh, Kirpal Kaur and Gurmit Kaur accused compelling her to bring more dowry and on that account she consumed poison. As they were just making arrangements for conveyance in order to carry her to the hospital for treatment, she breathed her last. According to Surinder Singh his sister had committed suicide by consuming poison as she was compelled to do so on the demand of dowry made by all the five accused. When they (complainant party) reached village Algon, i.e. the village of the accused, all of them slipped away from their house.

(3.) Autopsy on the dead body of Satinder Kaur was conducted on the next day of the occurrence at 12-45 p.m. and the doctor found four needle pricks along with small haemotoma 5 cm x 1 cm on the left cubital fossa and three needle pricks and bluish coloured haemotoma 5.1 x cm 1.5 cm on the right cubital fossa. Dark coloured clotted blood was found under her skin and fascia. Pleaura, laryn, trachea were congested. Uterus was about six months pregnant and there was a brownish blue coloured male child (dead) attached to the uterus by means of umbilical cord, it was 37 cm in length and normally grown. After receipt of the report of the Chemical Examiner the doctor opined that the cause of death was due to injection of organo phosphours insecticide.