HARI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 16.11.2000 passed by the Additional Sessions Judge, Patiala, convicting accused appellant Hari Singh under Section 304-B IPC and sentencing him to undergo imprisonment for life. However, co-accused Smt. Debo was acquitted by the learned trial Judge.

(2.) THE facts of the case, in brief, are that on 24.5.1998, Smt. Nachhatro made statement Ex. PH, before SI Kuldip Singh, at the spot, on the basis of which formal FIR Ex. PH/1 was recorded in PS G.R.P.S., Patiala at 10.15 p.m. on 24.5.1998, under Section 304-B IPC. In the said statement, Ex. PH, it was alleged by Smt. Nachhatro that she was resident of Village Khanpur, P.S. Kharar, District Ropar and that her husband, who was a labourer, had expired about three years ago. She stated that her younger daughter Nirmla @ Nimo deceased was married to accused Hari Singh in the month of February, 1996 and that she had given dowry articles in the marriage according to her capacity. It was alleged that after some days of the marriage, accused Hari Singh came to Village Khanpur alongwith Smt. Nirmla deceased and at that time her daughter Nirmla told her that her husband and mother-in-law Smt. Debo accused were harassing her for bringing insufficient dowry and that they were demanding more dowry. It was alleged that being poor, they were not in a position to give more dowry. It was alleged that because of their demand for more dowry, accused Hari Singh and Smt. Debo, accused used to maltreat Smt. Nirmla, deceased and used to give her beating for bringing less dowry. It was alleged that whenever her daughter Smt. Nirmla used to come to her, she would always complain against her husband and mother-in-law about maltreatment and demand of dowry. It was alleged that she (Smt. Nachhatro) and her sons used to send her back to the house of her in-laws, after making her understand. It was alleged that they had been telling the accused that they could not meet their demand for more dowry, being poor. It was alleged that on 16.5.1998, her daughter Smt. Nirmla alongwith her husband Hari Singh accused came to their house at Village Khanpur and at that time Smt. Nirmla told her and her sons Raghbir Singh and Ranbir Singh that her husband and mother-in-law were pressing hard for bringing Rs. 20,000/-. It was alleged that thereupon she and her sons asked Hari Singh accused as to why he was demanding money, whereupon Hari Singh told them that he wanted to construct house and for that reason he wanted money. It was alleged that they told him that since they had no money, they would give after a few days after arranging it. It was alleged that on that day i.e. on 24.5.1998, Hari Singh, accused told her at her house that Smt. Nirmla was missing from his house since morning. It was alleged that they made a search and came to know at Zirakpur that a woman was killed after jumping under a train, whereupon they went to the spot and identified the dead body. It was the dead body of her daughter Smt. Nirmla. It was alleged that her daughter Nirmla had committed suicide by jumping under the train, due to harassment by her husband Hari Singh and her mother-in-law Smt. Debo, on account of demand of dowry. On 24.5.1998, while S.I. Kuldip Singh was posted as SHO, G.R.P.S., Patiala, he was informed about the rail accident between Railway Station Ghaggar and Chandigarh and accordingly he reached the spot and found the dead body of a lady crushed under the train. The dead body was identified as Nirmla @ Nimo wife of Hari Singh. Thereafter, SI Kuldip Singh recorded statement Ex. PH of Smt. Nachhatro and thereafter sent the same to PS with his endorsement, on the basis of which formal FIR Ex. PH/1 was recorded. Sub Inspector Kuldip Singh inspected the spot and lifted blood stained stones and took the same into possession, after those were duly sealed. S.I. Kuldip Singh prepared rough site plan Ex. PL and sent the dead body for post mortem examination through police constable. After post mortem examination, the constable produced clothes of the deceased before S.I. Kuldip Singh and he took the same into possession vide recovery memo. On 27.5.1998, S.I. Kuldip Singh arrested accused Hari Singh. On 2.6.1998, S.I. Dalip Singh arrested accused Smt. Debo. S.I. Kuldip Singh recorded statements of the PWs. After completion of investigation, challan was submitted in the court.

(3.) LEARNED Additional Sessions Judge, after hearing both sides and after perusing record, acquitted accused Smt. Debo but convicted accused Hari Singh under Section 304-B IPC and sentenced him to undergo imprisonment for life, vide judgment and order dated 16.11.2000. Aggrieved against this judgment and order of the learned Addl. Sessions Judge, Hari Singh, accused has filed the present appeal in this Court.