STATE OF PUNJAB Vs. DAVINDER SINGH

JUDGEMENT

(1.) This is an appeal against, the judgment dated 16.12.1992, passed by the Additional Sessions Judge, Patiala, acquitting the accused of the charge under Section 304-B I.P.C, framed against him.

(2.) Facts, in brief, are that on 9.6.1990, at 6.30 p.m., F.I.R Ex. PD2 was recorded in P.S Kotwali, Patiala, under Section 304-B I.P.C, on the statement Ex.PD made by Surinder Kumar, P.W. at 6 p.m. on 9.6.1990, at Sanauri Adda, before ASI Surjit Rai. In the said statement, Ex.PD, It was alleged by PW Surinder Kumar that he was a Mistry and that about 6 years ago, his sister, Smt. Indro deceased was married with accused Devinder Singh. It was alleged that she had three daughters. The eldest was aged 5 years, younger, to her was aged 3 years and the youngest was aged 5 months. It was alleged that he (Surinder Kumar) being the youngest brother used to visit his sister, Smt. Indro, off and on and she used to complain him regarding the ill treatment meted out to her by her husband Devinder Singh, accused. It was alleged that he used to, tell about it to his mother and his mother used to restrain him from disclosing these facts to anyone in the family as his father was a heart patient. It was alleged that the letters, which Smt. Indro used to write to them in this regard also used to be read out by him to his mother and used to be retained by him. It was further alleged that on 6.6.1990 in the morning he had gone to Jakhal to meet his Tau and on that day i.e. on 9.6.1990. when he came back to is house at Kurali, he came to know that his sister, Smt. Indro and her youngest daughter, Baby aged 5 months had died due to burns. He stated that in view of the compelling circumstances, he could not conceal the above said letters and disclosed the same to his father and brothers and had told them that Smt. Indro and Baby had not set themselves on fire but they had been burnt to death by accused Devinder Singh, because Indro occasionally used to complain to him that he always harassed her and had forced her to bring money from her parents. It was alleged that his mother had sent money to her many times, secretly. He stated that letters had been lying with him and he could produce the same before the police. He stated that the facts regarding sending the money was in his knowledge and in the knowledge of his mother. After recording the aforesaid statement. ASI Surjit Rai sent the same to the police station, on the basis of which, F.I.R Ex.PD/2 was recorded in the police station.

(3.) A.S.I Surjit Rai took the letters Ex.PB and PC vide recovery memo Ex.PF and also recorded the statement of Smt. Surjit Kaur, mother of the deceased. He arrested the accused on 11.9.1990. He had also prepared the inquest report Ex.PHJI for getting post-mortem examination conducted on the dead body of Smt. Indro, deceased. He stated that Baby, 5 months old child had also died alongwith her mother and he had not prepared her inquest report nor the post-mortem examination was got conducted. It was alleged that he had also prepared inquest report Ex.PJ/1 in respect of Rosy and had also made request Ex.PJ for post-mortem examination. After completion of the investigation, challan was submitted in the court.