GINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of 2 connected appeals, Cr. A. 395-SB/1986 and Cr. A. 406-SB/1986. 15-accused-persons were tried for various offences in Sessions Case-34 of 1984, before Sh. Iqbal Singh, AddI. Sessions Judge, Ludhiana. Out of them, Sm. Harbans Kaur, Sm. Darshan Kaur, Nand Singh and Nirmal Singh were acquitted of all the charges. Mohinder Singh accused-appellant breathed his last pending the appeal. Basant Singh, appellant, vide judgment dated 21/5/1986, convicted of an offence u/s. 368, I.P.C. and vide order of the even date, awarded the sentence of 2 years RI and a fine of Rs. 400/- or in default, further RI for 2 months. The remaining 9 accused-persons were convicted and sentenced as follows:- Name of Accused Conviction under the Sentence awarded I.p.c. All the substantive sentences were directed to run concurrently.

(2.) The occurrence is alleged to have taken place on the night intervening 29/30.5.1983. The case was registered on the statement made by P.W. 7 Jamail Singh. Briefly narrated, the prosecution case is:

(3.) Sm. Gurdial Kaur had 2 grand daughters, namely Sm. Karamjit Kaur and Sm. Sarbjit Kaur. They were married to two real brothers, named Harbans Singh and Jamail Singh sons of Ginder Singh. Muklawa ceremony of Karamjit Kaur was performed at the time of her marriage; while the said ceremony had yet not been performed in respect of Sarabjit Kaur. Karamjit Kaur had gone to her in-laws for 2/3 times. Sm. Gurdial Kaur owned a house at Ludhiana which she sold away and with the proceeds thereof, she purchased a plot in the names of Karamjit Kaur and Sarbjit Kaur and constructed a house thereon. The balance amount was deposited in a bank. Harbans Singh and his father Ginder Singh had been compelling Karamjit Kaur to sell the house and hand over the proceeds thereof to them to enable them to purchase some other property. However, she refused to comply with the same and on that basis, she was turned out of the house. She took up residence with her maternal grant mother where she had been staying for about a year prior to the present occurrence. Karamjit Kaur and Sarbjit Kaur filed divorce petitions against their husbands and the learned District Judge had fixed those petitions for 13/6/1983, with a direction to the husbands to deposit the maintenance amounts. It was on that account, Harbans Singh, Jarnail Singh and others are alleged to have nursed a grudge towards Sm. Gurdial Kaur. P.W. 7 Jarnail Singh was on visiting terms to the house of Sm. Gurdial Kaur. On 31/5/1983, he came to meet Sm. Gurdial Kaur when Chaman Lal, who was one of the tenants of Sm. Gurdial Kaur, informed him that on the previous night, at about 1-30/2.00-a.m. Ginder Singh, Harbans Singh, Jarnail Singh and Chhota Harijan, accompanied by 4/5 persons, had forcibly taken away Sm. Gurdial Kaur, Karamjit Kaur, Sarbjit Kaur and Bachan Singh and at that time, these people were variously armed and they had given out threats. Out of fear, Chaman Lal did not lodge the report. On the basis of this information, PW Jarnail Singh contacted SI Harnarain Singh and made statement Ex. PN which was sent by the SI, with his endorsement, Ex. PN/l and formal F.I.R. Ex. PN/2 was registered at the Police Station.