LAWS(P&H)-2013-10-520

BABBI SINGH AND ANOTHER Vs. STATE OF PUNJAB

Decided On October 07, 2013
BABBI SINGH AND ANOTHER Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Vide this common judgment, I intend to dispose of two criminal appeals bearing No. S-1136-SB of 2003 titled as, "Babbi singh and another vs. State of Punjab" and No. S- 1173-SB of 2003 titled as, "Balwant Kaur vs. State of Punjab", as the same have arisen out of the same FIR. However, for convenience, the facts are being taken from CRA No. S-1136-SB of 2003.

(2.) The facts as gathered from the record are that on 04.07.1999, Darshan Singh son of Pirthi Singh made a statement to the effect that he was a labourer. His brother Gurjant Singh had expired about five years ago and daughter of Gurjant Singh was married to accused Babbi Singh about four years ago. The marriage was performed according to the status of complainant. After some time of their marriage, all the accused started maltreating Bhinder Kaur d/o Gurjant Singh on account of bringing insufficient dowry. They raised demand of more dowry.

(3.) About 1-1/2 years ago, Bhinder Kaur gave birth to a son and the accused raised demand of 'shushak'. Two days before 04.07.1999, he received a message from Bhinder Kaur, in this regard. On 03.07.1999, he along with his nephew Lakha Singh went to the house of accused. Bhinder Kaur told them that marriage of maternal grand daughter of her father-in-law was to be performed and they had to give gifts to them on that account and as such, the accused were compelling her to bring utensils and clothes from her parents. The complainant along with Lakha Singh persuaded the accused not to make such demands as they belong to a poor family. At about 7:00 P.M, when they were going on the metalled road just near the house of Bhinder Kaur, they heard cries of Bhinder Kaur. At the door steps they learnt that the accused had bolted the gate of the courtyard from inside. They saw over the gate that accused Babbi Singh had caught hold of both the arms of Bhinder Kaur and accused Gurdev Singh sprinkled kerosene oil from the canny on the body of Bhinder Kaur and Balwant Kaur @ Gukho-mother of accused Babbi Singh set the body of Bhinder Kaur on fire with the help of burning matchstick. They tried their best to open the bolted gate but in vain. They then scaled over the wall and entered the house. They extinguished fire on the body of Bhinder Kaur with the help of blanket which was taken from the house of accused. By that time Bhinder Kaur had been completely burnt. On the basis of his statement, formal FIR was recorded. Investigation was carried out. The accused were arrested and on completion of investigation, challan against the accused was presented in Court.