GIAN KAUR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 6.9.2002 passed by Sh. Raj Shekhar Attri, Additional Sessions Judge Jalandhar, vide which the accused appellant Gian Kaur has been convicted under Section 498-A IPC, whereas accused-appellant Sarabjit Singh has been convicted under Section 306 IPC.

(2.) Briefly stated, accused Ranjit Singh, Gian Kaur and Sarabjit Singh were sent up by the SHO, Police Station Division No. 4, Jalandhar to face trial under Section 306/34 IPC.

(3.) The case of the prosecution as enumerated from the record is that Harcharan Kaur @ Daljit Kaur d/o Harjit Singh was married with accused Sarabjit Singh. Accused Gian Kaur is mother-in-law and accused Ranjit Singh is borther-in-law (dewar). Sarabjit Singh was a drunkard and he used to maltreat, harass and beat Harcharan Kaur after marriage. Sarabjit Singh accused had abused the father of complainant various times. Once in the presence of Amrik Singh President of Mohalla, Sarabjit Singh had insulted her father Harjit Singh and threw a jug on his face. Deceased Harchan Kaur had given birth to two daughters, one was aged about 5 years and the younger one was about 40 days old at the time of occurrence. About 7/8 days earlier to the occurrence, said Harcharan Kaur alongwith Baljit Singh @ Gora, younger brother of Sarabjit Singh and maternal father-in-law of Sarabjit Singh (Mama), namely Man Singh came to her parental house and she told the complainant that since she had given birth to the younger daughter her mother-in-law Gian Kaur, husband Sarabjit Singh and Ranjit Singh, brother-in-law have been harassing and taunting her for giving birth only to females. On 25.1.2001, at about 4.00 A.M. Baljit Singh @ Gora telephonically informed the complainant that Harcharan Kaur was run over by a running train and had died. The complainant alongwith respectables of his locality went to the spot and found that dead body of his sister Harcharan Kaur was lying in pieces on a cot. FIR was lodged. After completion of the investigation, challan was presented against the accused. Charge under Section 306 IPC was framed against the accused to which they denied and claimed trial.