RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of above mentioned Criminal Appeal No.S-13-SB of 2003 filed by Raghbir Singh and Criminal Revision No.2145 of 2003 filed by Jarnail Kaur against State of Punjab, Balkar Singh, Balbir Singh, Ishar Kaur, and Baljit Kaur as these arise out of the same judgment of conviction and order of sentence dated 28.11.2002 passed by learned Additional Sessions Judge (Adhoc), Patiala. The above criminal appeal and criminal revision have been filed against the judgment of conviction and order of sentence dated 28.11.2002 passed by learned Additional Sessions Judge (Adhoc), Patiala, whereby accused-appellant Raghbir Singh has been held guilty and convicted for the offence under Section 306 of the Indian Penal Code (hereinafter referred to as 'IPC'). However, accused Balkar Singh, Balbir Singh, Ishar Kaur, and Baljit Kaur have been acquitted of the charge framed as against them. Accused-appellant Raghbir Singh has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- for the offence under Section 306 IPC.

(2.) Criminal Revision No.2145 of 2003 has been filed for punishing accused-respondents No.2 to 5 for the offence under Section 302 IPC.

(3.) The brief facts of the prosecution case are that on 5.9.1999, on receiving a wireless message regarding admission of Binder Kaur alias Ravinder Kaur in A.P. Jain Hospital, Rajpura due to burn injuries, ASI Gurdev Singh along with other Police officials reached the hospital, where he was informed that she has been referred to Patiala. On 6.9.1999, ASI Gurdev Singh along with Police officials reached Rajindra Hospital, Patiala and obtained the opinion of the doctor regarding her fitness to make the statement. The doctor declared her unfit to make statement. On the same day in the evening SI Hargobind Singh along with ASI Gurdev Singh and other Police officials reached Rajindra Hospital, Patiala and obtained the opinion of the doctor to record her statement. The doctor declared her condition as critical. SI Hargobind Singh again reached the hospital to know the condition of the injured. She was declared fit to make the statement. SI Hargobind Singh then informed the Duty Magistrate. On the direction of the Judicial Magistrate, SI Hargobind Singh reached the hospital to know the condition of the injured. She was declared fit to make the statement. Then the Judicial Magistrate recorded the statement of Ravinder Kaur alias Binder Kaur wife of Raghbir Singh, in which she stated that she was married on 15.10.1993 with Raghbir Singh. She gave birth to two daughters, namely, Manjit Kaur of five years and Gurpreet Kaur of three years. She had been separated from the family from 4/5 months. Her father-in-law has given a room of four khans for her living. Her mother-in-law Ishar Kaur and sister of her husband Baljit Kaur, who is unmarried, have been giving her filthy abuses, since the time of separation. They have given her slaps on two times. Her husband did not say anything to them, rather he had been beating her at their instance. Her husband has come to the village from 4/5 months after performing the job of taxi driver at Delhi. Her mother-in-law and Baljit Kaur were asking her to give them the money earned by Raghbir Singh at Delhi which had been given to her. They had a doubt that her husband had given the money to her and she was not giving the same to them. She tried to make them understand that Raghbir Singh had not given any money to her.