HARPAL SINGH @ PALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 12.11.2001 passed by Sh. Harbans Lal, the then Additional Sessions Judge, Mansa, vide which the accused appellant Harpal Singh @ Pala has been convicted under Section 498-A IPC and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 6 months. Shorn of unnecessary details, the facts as gathered from the record are that on 13.3.2000 Gurnam Singh complainant made statement before the police in which he has stated that his sister Chhinder Kaur has been married to Harpal Singh @ Pala accused appellant for the last 15-16 years. His brother-in-law Harpal Singh had illicit relations with Nasib Kaur @ Bhuppi w/o Billy Singh for the last 11-12 years. His sister used to prevent him from continuing illicit relations with Nasib Kaur. Upon this Harpal Singh used to give her beatings. Sister of the complainant had informed the complainant and her parents with regard to the misconduct of Harpal Singh accused. The complainant and his family members also requested Harpal Singh to desist from continuing illicit relations with Nasib Kaur, but to no avail. On 11.3.2000 Bhola Singh @ Maghar Singh died. Chhinder Kaur deceased came to attend the funeral of said Bhola Singh and returned to Burj Hari on the same day. In the morning Chhinder Kaur told the complainant, his brother Harnam Singh, mother Chatin Kaur, Chhota Singh and Bhappa Singh residents of Ram Nagar that there had been no chance of severance in relationship of Harpal Singh with Nasib Kaur. She also told that in case Harpal Singh did not refrain from such misdeeds, she would commit suicide. Complainant and aforesaid persons consulted Chhinder Kaur that they would ask Harpal Singh to desist from continuing his illicit relations with Nasib Kaur. On 12.3.2000 at the time of collecting the last remains of Bhola Singh, Harpal Singh and his brother Surjit Singh also came there and Chhinder Kaur did not come with them. When Harpal Singh was asked, he disclosed that Chhinder Kaur was not feeling well. The complainant and his family members got suspicious. In the morning at about 7 A.M. they went to the house of Harpal Singh and asked him about Chhinder Kaur. He told that Chhinder Kaur might have gone to Gurdwara. They kept waiting for her for some time. On finding that she had not come they set out for her search. When the complainant entered the room of Harpal Singh, he sighted the dead body of Chhinder Kaur hanging from the beam of the room, where chaff for cattle was stacked. A shawal and a piece of cloth were found tied around the neck of Chhinder Kaur. The dead body of Chhinder Kaur was brought down after opening the knot of the piece of cloth. Post mortem of the dead body was conducted. Thereafter on completion of the investigation, challan was presented against the accused- appellant Harpal Singh and Nasib Kaur.

(2.) Charge under Section 306 IPC was framed against the accused, to which they pleaded not guilty and claimed trial. The prosecution, in order to bring home guilt of the accused examined PW-1 Dr. Parshottam Goyal, PW-2 Harnam Singh, PW-3 HC Anup Singh, PW-4 Gurnam Singh complainant, PW-5 Bhappa Singh, PW-6 HC Shamsher Singh, PW-7 Puran Singh Constable, PW- 8 SI Paramjit Singh, PW-9 SI Sukhdev Singh, Investigating Officer and closed the prosecution evidence.

(3.) The accused were examined under Section 313 Cr.P.C. and all the incriminating evidence was put to them, to which they denied and pleaded innocence. Harpal Singh has stated that his wife died due to natural causes. He has been falsely implicated due to his refusal to adopt his brother-in-law's son.