JHANDA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Convict Jhanda Singh has filed this criminal appeal assailing his conviction and sentence ordered by learned Additional Sessions Judge, Patiala vide judgment and order dated 22.09.2000 thereby convicting the appellant under Section 306 IPC and sentencing him to undergo rigorous imprisonment for six years and to pay fine of Rs. 3,000/-.

(2.) Prosecution case is that Ranbir Singh since deceased was husband of complainant Harjinder Kaur and was brother of appellant Jhanda Singh. Appellant's father Avtar Singh owned about 10 acres of land which he divided among his sons. However, the appellant was forcibly cultivating the entire land. The deceased sought partition of the land and he irrigated some land. However, appellant quarreled with the deceased. Appellant's father and other relatives tried to convince the appellant but he did not agree. The appellant even gave beating to his own father and turned him out of the house. The appellant also used to quarrel with the complainant and the deceased and used to abuse them. He had also beaten the complainant. Being harassed, she had even once consumed poison.

(3.) On 08.05.1998, the appellant again quarrelled with the deceased and instigated him to commit suicide. On the next day, the deceased kept on cursing himself and on 10.05.1998, the deceased went away from his house. On the same day, complainant was telephonically informed by her father Piara Singh that Ranbir Singh was admitted in Rajindra Hospital, Patiala. The complainant went there. Her husband had consumed some poisonous substance due to mental torture and harassment caused to him by the appellant. Ranbir Singh died on 12.05.1998. Complainant lodged FIR by narrating the aforesaid facts. The case was investigated. Viscera of the deceased was found to contain aluminum phosphide poison. Cause of death was opined to be said poison. During investigation, a notebook, allegedly containing suicide notes written by the deceased, was also seized by the police.