PARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 25.07.2006 passed by the Sessions Judge, Hoshiarpur. The appellant- Pardeep Kumar (now deceased) had faced trial under Sections 306/506 IPC in case FIR No.79 dated 31.03.2003 registered at Police Station Tanda, District Hoshiarpur for having abetted the suicide of Karnail Singh his subordinate. The appellant was sentenced to undergo rigorous imprisonment for a period of 21/2 years and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo RI for a period of one month under Section 306 IPC. He was further sentenced to undergo RI for a period of six months under Section 506 IPC. Both the sentences were directed to run concurrently. The appeal should have abated since the appellant had died, but the legal representatives filed an application for continuation of the appeal, to which no objection was given by the State counsel on 23.07.2010 and therefore, the appeal was listed for hearing.

(2.) The First Information Report came into existence on the statement made by Smt. Surjit Kaur wife of Karnail Singh complainant, given on 31.03.2003. Karnail Singh was working as an Assistant in the Treasury Office, Tanda for the last 4-5 months. For the last 2/3 months, he was quiet and appeared to be perturbed.

(3.) Surjit Kaur enquired about the problem, Karnail Singh disclosed that Pardeep Kumar, the Treasurry Officer was insisting that he should collect money from the public but he was not doing so and on that account, the Treasury Officer was interfering in his work. Karnail Singh took leave on 25.03.2003 for domestic work. On 26.03.2003, he went to attend his duty as usual, at 12.30 pm, the complainant received a telephonic call that the condition of her husband was critical and her husband was admitted in Civil Hospital, Tanda. The complainant along with her daughter went to the hospital and found his condition serious. She also came to know that her husband had consumed some poisonous substance. The family arranged for a conveyance and Karnail Singh was shifted to New DMC Hospital, Ludhiana. On 27.03.2003, Karnail Singh disclosed to his wife that Pardeep Kumar used to harass him and was threatening him. Karnail Singh died during treatment. The complaint was made to the police that Karnail Singh was compelled to commit suicide on account of the harassment meted out by the accused.