HARI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HARI Singh aged about 55 years has filed this appeal against the judgment dated April 10, 1980 of the Additional Sessions Judge Faridkot, whereby we was convicted under Section 306 of the Indian Penal Code and sentenced to rigorous imprisonment for three years and to the payment of a fine Rs. 500/-. He was charged with the abetment of suicide committed by his wife Surjit Kaur (45). She died to arsenic poisoning at 5 p.m. on August 30, 1979. According to the prosecution version, it was at 10 a.m. that day that the appellant had given a bearing to her and had then instigated her to kill herself by taking some poison. He had immediately thereafter left the house and was arrested by Sub-Inspector Gurdev Singh P.W. 11 on the morning of August 31, 1979.

(2.) FIRST information report in relation to the offence under Section 306 of the Indian Penal Code was lodged by Arjan Singh PW 3 (75) at 6.30. p.m. on the date of occurrence at Police Station, Kotkapura, which is at a distance of three miles from village Dhilwan where the offence was said to have been committed. Arjan Singh is the father of the appellant and the other witness who supported the prosecution case is Nasib Kaur PW (25) who is married daughter of the appellant himself.

(3.) ARJAN Singh PW 4 put forward this story at the trial that the appellant had developed illicit relations with his own daughter-in-law Jaswinder Kaur. She is the wife of Sukhminder Singh. Jaswinder Kaur got recently married. With regard to illicit relation all the Arjan Singh said was that the appellant began to have an evil eye on Jaswinder Kaur. Surjit Kuar objected to the conduct of her husband. It was on that account that the relations as between the appellant and his wife were said to have deteriorated. Arjan Singh then referred to this specific instance that at 10 a.m. on the date of occurrence the appellant had given a beating to Surjit Kaur. During the course of his cross-examination he referred to another beating administered by the appellant two days earlier to his wife by first blows. On the date of occurrence when some beating was said to have been given by the appellant to his wife besides Arjan Singh, Nasib Kaur PW4 and Sukhminder Singh had intervened and had rescued Surjit Kaur. We have it from the statement as made by Nasib Kaur PW4 that the appellant left the house immediately after he had given the beating at 10 a.m. Further, according to the narration as given by Arjan Singh PW3, it was at 2 p.m. that Surjit Kaur began to feel unwell. Thereafter medical aid was provided to her but she expired at 5 p.m. at the residential house itself.