(1.) MOHAN Singh and is wife Piar Kaur have been convicted under section 306 IPC by the learned Additional Sessions Judge, Kapurthala dated 6.7.1991 and have been sentenced to undergo RI for five years and to pay a fine of Rs. 5000/- each, in default of payment of fine to further undergo RI for one year.
(2.) IT may be noted here that Mohan Singh appellant has since died. There is a report to this effect by Senior Superintendent of Police, Kapurthala. Photostat copy of the death certificate is also attached with the report. The State counsel has also confirmed this fact. Consequently, the present appeal qua Mohan Singh appellant stands abated and survives qua Piar Kaur only.
(3.) THE case of the prosecution in short is that Amarjit Singh has gone out of India for 13 years and he had come to India only two times during that period. The case of the prosecution further is that Mohan Singh (since dead) and Piar Kaur the appellant herein were maltreating Jaswinder Kaur and were asking her to go to her parents house. She was also turned out 3/4 times in this regard. The prosecution case further goes that Amarjit Singh her husband had come from foreign about two months before the occurrence and had got written a document from Jaswinder Kaur regarding dissolution of marriage on the pretext that those documents were required for the purpose of passport and left Jaswinder Kaur at her parents house and two weeks prior to the occurrence Amarjit Singh left India. The parents of Jaswinder Kaur when came to know about the divorce papers, went to the house of the present appellant and asked them to keep Jaswinder Kaur but they refused. A Panchayat was also convened in this regard and on persuasion of Panchayat, Jaswinder Kaur was left in the house of her in-laws. However, on the fourth day, she committed suicide. Piara Singh brother of Jaswinder Kaur made statement Ex.PA to the police on the basis of which FIR Ex. PA/1 was recorded.