KULDIP SINGH Vs. STATE OF PUNJAB & ANR

JUDGEMENT

(1.) The epitome of the facts, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, 1st marriage of Bachittar Singh (coaccused) was solemnized with Paramjit Kaur. Two daughters, namely, Jagminder Kaur and Manpreet Kaur were born out of their wedlock. She started visiting the Deras with the hope to have a son, but in vain. When she did not bear a son, then, she became reluctant to her matrimonial relations, renounced the world and started residing in the Deras/Gurudwaras. They were stated to have suffered a customary divorce in the Panchayat on 7.10.1999. Thereafter, Bachittar Singh solemnized the 2nd marriage with Surinder Kaur (sister of complainant Bahadur Singh respondent No.2) (for brevity "the complainant") in the year 2001, who is claimed to be beautiful but deaf and dumb. They started residing as husband and wife and cohabited as such. As luck would have been, a son, namely, Amanpreet Singh was born out of their 2nd wedlock on 11.9.2003 in village Mewa Singh Wala. Consequently, the birth certificate dated 19.9.2007 of Amanpreet Singh was duly issued by the District Registrar, Births & Deaths, Kapurthala, wherein the name of his mother was rightly entered as Surinder Kaur.

(2.) According to the complainant that Bachittar Singh with the connivance of petitioner Kuldip Singh (Sarpanch) fabricated the birth certificate of Amanpreet Singh and illegally entered the name of mother as Paramjit Kaur, his 1st wife, instead of Surinder Kaur, the real/natural mother of Amanpreet Singh.

(3.) Levelling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that the petitioner with the connivance of his main accused Bachittar Singh and Paramjit Kaur, prepared and forged the birth certificate and wrongly entered the name of his mother as Paramjit Kaur, instead of Surinder Kaur. The petitioner attested the forged birth certificate of Amanpreet Singh as genuine in order to defraud and deprive Surinder Kaur from her legitimate claim. In the background of these allegations and in the wake of complaint of the complainant Bahadur Singh, brother of Surinder Kaur (natural mother of Amanpreet Singh), the present case was registered against the accused, vide FIR No.156 dated 29.8.2008 (Annexure P5), on accusation of having committed the offences punishable under Sections 342, 344, 420, 465 and 120-B IPC by the police of Police Station Sultanpur Lodhi, District Kapurthala in the manner indicated hereinbefore.