LAWS(P&H)-2003-11-39

SURINDER KUMAR Vs. STATE OF PUNJAB

Decided On November 12, 2003
SURINDER KUMAR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS appeal has been filed by accused-appellant Surinder Kumar against the judgment and order dated 27.1.1991 passed by the Additional Sessions Judge, Amritsar acquitting the accused-appellant under Section 302 IPC but convicting him under Sections 304-B and 498 IPC and sentencing him to undergo RI for seven years and to pay fine of Rs. 1000/- and in default of payment of fine to undergo further RI for three months under Section 304-B IPC and also sentencing him to undergo RI for two years and fine of Rs. 100/- and in default of payment of fine to undergo further RI for two months under Section 498-A IPC and directing both the sentences to run concurrently.

(2.) THE FIR in this case under Sections 306/201 IPC was registered in Police Station E Division, District Amritsar on 11.6.1988 at the instance of Kharaiti Lal PW. Kharaiti Lal PW had produced application Exhibit PF dated 5.6.1988 before the SP, alleging therein that he had married his daughter Smt. Manju with accused Surinder Kumar on 2.5.1982 and after the marriage his daughter Manju, whose name was changed by her in-laws as Kanchan, started residing at the house of her in-laws. It was alleged that after 3-4 months her in-laws told her to bring Rs. 5000/- so that some work could be started whereupon his wife after selling her ornaments gave Rs. 5000/- so that her husband may start work. At that time his daughter had told him that her husband Surinder after he starts earning would return the said money but accused Surinder Kumar did not return the money. It was alleged that when his daughter Manju alias Kanchan was to deliver a child, six months prior thereto, she was sent to her parents house saying that if the child was to be delivered at the house of her in-laws then she should bring Rs. 2000/- from her parents and since they could not arrange the said money, the child was delivered at their place (complainant's place). It was alleged that after the birth of a child they brought her after many months to Batala. It was alleged that after a month thereof, the accused side started giving her beatings and after a month they kept the child with them and turned out Manju alias Kanchan from their house after giving her beatings and the neighbours brought her to the complaint's house and thereafter she stayed with them for three months and since no-one from the accused side came to take her, his wife Raj Rani took Manju/Kanchan to the house of her in-laws but they refused to keep her with them. It was alleged that thereafter a Panchayat was held and when his wife went to leave her to the house of her in-laws, the family members of her in-laws gave a push to Manju/Kanchan and the neighbours got her admitted in the hospital and the matter was reported to the Police. It was alleged that thereafter the matter was compromised with the intervention of neighbours, and accused Surinder Kumar was got released from custody and the accused brought her to their house. It was alleged that thereafter the accused continued maltreating Manju/Kanchan. It was alleged that thereafter when the neighbours threatened to take action against them, accused Surinder Kumar brought her to Amritsar and now they were residing at Amritsar. It was alleged that even after coming to Amritsar, he continued to maltreating Manju/Kanchan and he used to giving her beatings and the persons residing in the Mohalla were in the know of it. It was further alleged that thereafter they came to know from time to time that the accused used to give her beatings but out of fear and being poor persons they could not bring her to their house It was alleged that on 2.6.1988, he received two telegrams at about 4.00 p.m. In one of the telegrams, it was mentioned that her condition was serious and in the other telegram, it was mentioned that she had expired, whereupon they immediately left for Amritsar and on 3.6.1988 they reached there they came to know that Manju/Kanchan was killed by burning and before their arrival, she was cremated. It was alleged that even Buas of hers, who were residing at Jalandhar, were also not informed about her death. It was alleged that on inquiry form the Mohalla they came to know that she was burnt to death and thereafter she was taken to a doctor, namely, Bhimsen. Doctor Bhimsen had refused saying that it was a police case and she should be taken to the Govt. hospital so that she may be saved. But instead of taking her to the hospital, they took her to Dr. Prem Seth where she expired at night. It was alleged that they also came to know that at the time of cremation accused was asked not to cremate the dead body till her parents arrive but still her dead body was cremated. It was alleged that the accused had killed her by burning and had cremated her and that action be taken against the accused. This application Exhibit PF is bearing the endorsement Exhibit PF/2 of SP City dated 8.6.1988 vide which the said application Exhibit PF was marked to DSP City-I to verify the facts on the spot immediately and to take necessary action as warranted by facts and law. Thereafter on 11.6.1988 FIR under Sections 306/201 IPC was registered in Police Station-E Division, on the basis of the aforesaid complaint Exhibit PF moved by Kharaiti Lal before the SP, Amritsar.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.