INDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Inderjit Singh, appellant has come in appeal against the judgment dated 4.12.1991, passed by Shri. B.S. Bedi, Additional Sessions Judge, Ludhiana, vide which he was convicted or offences u/ss 3048 and 306, I.P.C. and sentenced to R.I. for 7 years on the first count and R.I. for seven years and a fine of Rs. 500/-, in default, further R.I for 6 months, on the second count. The Substantive sentences were directed to run concurrently. The appellant was tried along with Chamkaur Singh alias Kaura and Smt. Rachhpal Kaur, but both of them were acquitted.

(2.) According to the prosecution version, Smt. Harpreet Kaur (deceased) who was daughter of Gurdev Singh, P. W. was married to the appellant about 5 years prior to the occurrence. A daughter, named Amandeep Kaur alias Mandeep Kaur was born out of the wedlock. Smt. Harpreet Kaur (deceased) complained to her father Gurdev Singh and mother, Smt. Amarjit Kaur that the appellant and his mother, Smt. Rachhpal kaur (since acquitted) had sold away all her gold ornaments which had been presented to her, in the form of dowry. They also used to taunt her that one had brought meagre dowry from her parents. She had been coercing the deceased to bring more dowry from her parents. The deceased then insisted on her parents to give her more ornaments. About 2 years prior to the occurrence, her parents got prepared ornaments, weighing 60 gms and gave her the same. Subsequently, she told them that even that set of gold ornaments had been sold away by the appellant and his mother and Chamkaur Singh alias Kaura, his friend. The appellant was employed in the Army and whenever he came on leave, he would give beatings to the deceased, at the instigation of his mother. The appellant and his mother would compel her to bring more dowry from her parents. The appellants also used to take the deceased to task, as to why she had disclosed to her parents about the sale of ornaments.

(3.) About 20/25 days before the incident, the appellant came on leave for 2 months. On 19.2.1990, Sukhchain Singh, a brother of the deceased, also serving in the Army, came on leave. On the Same day, Gurdev Singh, complainant, Amarjit Kaur and their son Sukhchain Singh proceeded towards village Rajoana Kalan to meet the deceased. When they reached there, they found Smt. Harpreet Kaur, lying dead at her in-lawsT house. Having found that she had committed suicide by consuming some poisnous substance due to harassment caused to her by the appellant, his mother and his friend (since acquitted) or that they had administered some poison to her, Gurdev Singh left for Police Post Halwara. On the way to the Police Post near a culvert in the area of Halwara, he met ASI Baldev Singh, P.W. and he made his statement Ex. PD before him which was sent to the Police Station and the formal F.I.R. PD/2 was registered. A.S.L Baldev Singh went to the spot and took into possession the dead body and prepared the inquest report Ex. PG. He sent the dead body for post mortem alongwith application Ex. PH. The appellant and Chamkaur Singh were produced before the Police on 5.3.1990 at Bus Stand Halwara by Lamberdar Chamkaur Singh.