JHIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jhirmal s/o Harbhajan Singh r/o village Mian-Da-Pind, District Hoshiarpur, (Punjab) has filed the present appeal and it has been directed against the judgment and order dated 18.7.2000, passed by the Addl. Sessions Judge, Hoshiarpur, who convicted the appellant under Section 302 of the Indian Penal Code for committing the murder of his wife Smt. Jaswinder Kaur by administering poison and sentenced him to undergo life imprisonment and to pay a fine of Rs. 1000/- or in default of payment of fine to undergo R.I. for a period of three months.

(2.) The appellant with his companions was charge-sheeted on the allegations that on 18.10.1995 at about morning time in the area of village Mian-Da-Pind, in furtherance of their common intention caused the death of Smt. Jaswinder Kaur wife of appellant and thereby committed an offence punishable under Section 302/149 IPC and secondly they treated the deceased with cruelty within the meaning of Section 498-A IPC and thereby they allegedly committed an offence punishable under Section 498-A read with Section 149 of the Indian Penal Code.

(3.) Shri Jarnail Singh son of Shri Faqir Singh, resident of village Kotli Khurd, father of the deceased Jaswinder Kaur, made a statement Ex P.G. before ASI Jagdish Singh of Police Station, Dasuya and it was averred by the complainant that he is a resident of village Kotli Khurd and does the work of cultivation. He has two sons and one daughter. His daughter Jaswinder Kaur was married to Jhirmal Singh, appellant, resident of Mia Da Pind about three years ago and out of this wedlock one female child of the name of Kashmiro aged 2 years at the time of the occurrence was born. It is alleged by the complainant that after about six months of the marriage, the in-laws of Jaswinder Kaur started harassing her for bringing less dowry. He continued giving dowry articles to her according to his capacity. About six months back, the in-laws of Jaswinder Kaur had sent her to the house of her parents for bringing money as they wanted to send the appellant abroad. Consequently, he arranged a sum of Rs. 15,000/- from his relatives and gave the same. Even after that, her husband Jhirmal Singh, his brothers Nirmal Singh, Jassa Singh, Jethanies (sisters-in-law) Surinder Kaur, Amarjit Kaur and father-in-law Harbhajan Singh continued harassing Jaswinder Kaur and they were asking Jaswinder Kaur to bring more money. Then about a month prior to the present occurrence, Jaswinder Kaur came to his house and told him that her in-laws had tried to kill her by giving electric shocks but she could save her life after beseeching them. Thereafter, Sukhwinder Singh Sarpanch and Amarjit Singh Shahi, Member Panchayat, of village Shangla intervened and sent Jaswinder Kaur to the house of her in-laws. The complainant further alleges that today in the morning i.e. on 18.10.1995, Kulbir Singh son of Harbhans Singh, resident of village Chack Kassom, who is the brother-in-law (Sandhu) of his brother told him that the in-laws of Jaswinder Kaur had administered poison to her and on hearing it he along with Harnek Singh son of Shri Surjit Singh, resident of village Kotli Khurd rushed to village Mia Da Pind where Jaswinder Kaur was lying on a cot. They reached at about 10 A.M. On inquiry, Jaswinder Kaur told that in the morning her husband's brothers Nirmal Singh, Jassa Singh, Surinder Kaur wife of Jassa Singh, Amarjit Kaur wife of Nirmal Singh and tier father-in-law Harbhajan Singh caught hold of her from arms and they were exerting that daily bickering should be finished for all times to come. It was also stated by the deceased to his father that Jhirmal Singh, appellant forcibly poured the tablets of sulphide in her mouth and thereafter, the water was poured in her mouth. The complainant stated that they arranged the vehicle and took Jaswinder Kaur to Civil Hospital. Dasuya for treatment. The in-laws of Jaswinder Kaur had tried to restrain them for taking Jaswinder Kaur to the Hospital. After reaching Civil Hospital, Dasuya, Jaswinder Kaur died. Finally, it is alleged by the complainant that his daughter Jaswinder Kaur was harassed by her husband, brothers of her husband, sister-in-laws and father-in-law and after administering her poison she was killed in the greed of dowry and action be taken against them. His statement Ex. P.G. was read over and explained to Jarnail Singh who signed the same into token of its correctness in Panjabi. The Thanedar Shri Jagdish Singh made endorsement Ex. PG/1 under the said statement at 2.00 P.M. and it was sent to Police-Station, Dasuva, for registration of the case on the basis of which formal FIR Ex. PG/2 was recorded under Sections 304-B/148/149 IPC vide Rapat No. 13/14 registered in the police-station at 2.05/2.55 P.M. by ASI Sucha Singh.