KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KULDIP Singh, his, father Bahadur Singh and his mother Smt. Pritam Kaur, appellants, have come up in appeal against the judgment and order dated 3-9 90 of the learned Additional Sessions Judge, Ludhiana vide which they were convicted under section 304B, Indian Penal Code and each of them was sentenced to seven years RI and fine of Rs. 2,000/- or in default, further RI for six months.

(2.) SMT . Golan alias Sarbjit Kaur (deceased) d/o Ralla Singh, belonged to village Ramta and was married to Kuldip Singh. This marriage took place about 4-1/2 months prior to her death on 3-7-89. According to the prosecution allegations, about 15 days before her death. She had gone to her parents village and complained to her mother that her husband, Kuldip Singh appellant had been demanding a gold Karra and Mohar on the basis that her brother had been given these very items at the time of his marriage. Smt. Gurdev Kaur her mother pointed out these facts to her husband Ralla Singh in the presence of Lamberdar Balwinder Singh and Smt. Nasib Kaur, Member of Panchayat who were incidentally sitting there. 3/4 days the reafter Kuldip Singh visited his in laws house and he repeated the demand of these two articles. The parents of Smt. Golan however, showed their inability to fulfil the demand. Smt. Golan was sent with Kuldip Singh to her in-laws house. On the evening of 30-7-89 Smt. Gurdev Kaur went to village Kaunke to inquire about the welfare of her daughter. Smt. Golan told her mother that her husband and her parents-in-law had been taunting her about deficient dowry, On that night, Smt. Gurdev Kaur had stayed at the house of her daughter's in-laws and slept in the courtyard in which Smt. Golan and Kuldip Singh also slept. At about 3 a m., she heard shrieks of her daughter and saw that Smt. Golan was ablaze. Smt. Gurdev Kaur threw her own head ear on her to put out the fire. Smt. Golan was, however, substantially, burnt. She told her mother that she had been set on fire by her husband Kuldip Singh; father-in-law Bahadur Singh and mother in-law Smt. Pritam Kaur. Soon thereafter she died of the burn injuries. Smt. Gurdev Kaur left for her village Ramta ad conveyed the incident to her husband Ralla Singh, Lambardar Balwinder Singh, Member of Panchayat Smt. Nasib Kaur and Sadhu Singh. In their company, Smt. Gurdev Kaur proceeded to Police Station, Jagraon ASI Sarup Singh having met them on the way, she made her statement Fx. PF on the basis of which, the case was registered. Dr. Rajiv Bhalla (PW1) carried out the post-mortem of Smt. Golan on 1.8.89 and according to his testimony, he made the following observations :-

(3.) MEDICAL evidence of Dr. Rajiv Bhalla confirmed that death was due to burning and was, thus unnatural. It is not disputed that death of Golan occurred at the house of her in-laws. Statement of Smt. Gurdev Kaur PW that Golan had complained to her about the demand being made by her husband with respect to gold Karra and Mohan has been supported by Smt. Nasib Kaur a Member Panchayat and to whom a complaint had been made in presence of Golan (deceased). It is also in the testimony of Smt. Gurdev Kaur that when Kuldip Singh, appellant visited her house, he repeated that demand. When Kuldip Singh was confronted by Smt. Nasib Kaur he had claimed that it was not he himself, but his parents who hid been making that demand, Probably Kuldip Singh was feeling embarrassed about his making the said demand. Obviously, Golan (deceased) no reason to make a wrong statement as to the quarter from where the demand had come. At the time of marriage of Golan's brother, his in laws had given a gold Karra and Mohar to him and Kuldip Singh, appellant thus, though that he was also entitled to the same. It was Golan's brother's marriage that had given rise to this demand. Kuldip Singh had been satisfied by Smt. Nasib Kaur that Golan's parents were not in a position to meet that demand. Smt. Gurdev Kaur having been assured by Balwinder Singh and Nasib Kaur. Smt. Golan (deceased) was sent in his company to her matrimonial home. Smt. Gurdev Kaur had found that Golan had been sent without the demand being met. She had the natural anxiety to go to her in laws home and inquire about the welfare of Smt. Golan. Seen in this background, presence of Smt. Gurdev Kaur at the house of her in laws cannot be held to be improbable. When Smt. Gurdev Kaur went to the house of Golan's in-laws, the latter again complained to her about the taunting remarks made to her. In all probability something more happened in the house of her it laws when Smt. Gurdev Kaur appeared there without any further gifts . That induced to the extreme step of suicide taken by Golan. There is no evidence that, in fact, any of the appellants did an act which may support the suggestion of a homicidal death. Whatever remarks Golan made to her mother during the last moments of her life, obviously refer to the treatment meted out to her than to the actual act of murder.