STATE OF PUNJAB Vs. RESHAM SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.7.1992 acquitting Resham Singh, his father Gian Singh and mother Kuldip Kaur of the charge under Sections 498-A and 304-B of I.P.C.

(2.) The facts giving rise to the prosecution of the respondents before the trial court are that Rajinder Kaur, since deceased, who was sister of Sukhdev Singh and Zora Singh, PWs of village Paddi, was married with Resham Singh - respondent in the month of March, 1987. She resided in her matrimonial house in village Bhamma Kala with the respondents in joint family. She also gave birth to a son which was aged about 1.3/4 years at the time of her demise. However, the respondents had been treating Rajinder Kaur with cruelty to the extent of bearing her and compelling her to bring a scooter from her parental house. After 3-4 months of her marriage, her brothers - Sukhdev Singh and Zora Singh gave a scooter make Bajaj chetak bearing registration No. PCI - 6860 to appease the demand of the respondents. They were still not satisfied and compelled Rajinder Kaur was sent along with the sister of Resham Singh to her parental house and P.Ws Sukhdev Singh and Zora Singh had to purchase valuable articles worth Rs. 13,000/- for the sister of Resham Singh - respondent to be given in her marriage. In the meanwhile, younger brother of Resham Singh - respondents. The respondents felt shortage of accommodation for the family whereafter the respondents started pressuring Raj Inder Kaur to bring more cash from her brother for raising further construction. However, Sukhdev Singh and Zora Singh. P.Ws. instead of giving money in cash, offered to construct the house themselves and for that purpose Zora Singh was sent for construction of the house. They had to purchase bricks for the construction of the house from Jai Shanker Brick kiln of village Paddi and Sukhdev Singh had to pay the price. Similarly, they had to purchase girders from Jaspreet Hardware Store of village Dehlon and Zora Singh paid price for the same. They had to spent about Rs. 20,000/- or so for the construction of a new house for Resham Singh - respondent on compulsion so that their sister - Rajinder Kaur may not be treated with cruelty by the respondents. Lust for dowry, however, did not end there where-upon her brothers Sukhdev Singh and Zora Singh alongwith one Karam Singh went to the house of the respondents and informed them about their inability to pay further any amount.

(3.) On 27.4.90. Sukhdev Singh, P.W. went to the house of the respondents to call at his sister but she was found missing. On his inquiry, he was told that Rajinder Kaur had left to see her brothers at village Paddi. When he was returning from the house of respondents he came to know from some persons of the village that Rajinder Kaur was given beating on that morning. On coming to his village, he did not find his sister there. He then informed his family members about information he gathered from the village of the respondents. Sukhdev Singh and Zora Singh then started searching for their sister from other places of the village. However, it was on 4.7.1990 that they noticed the dead body floating in Sirhind Canal near village Dhande which was identified as of Rajinder Kaur, Sukhdev Singh leaving his brother Raghbir Singh there to guard the dead body, went to the police station and lodged a report. Ex. PD before SI Saroop Singh and on the basis of which a case was registered against the respondents. Police then reached at the spot and fished out the dead body and S.I. Saroop Singh held inquest on the dead body and thereafter it was sent for post-mortem examination. Report of the doctor confirmed the death of Rajinder Kaur by drowning. Resham Singh respondent was arrested on 10.7.90 while the other respondents were arrested on 13.7.1990 in this case.