BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by accused-appellant Balwinder Singh, challenging the judgment and order dated 11.9.1991, passed by the Sessions Judge, Hoshiarpur, convicting the accused-appellant under Sections 306 and 498-A IPC and sentencing him to undergo RI for 7 years and to pay fine of Rs. 10,000/- and in default of payment of fine to undergo further RI for 2 years under Section 306 IPC and also to undergo RI for 2 years under Section 498-A IPC and directing both the sentences to run concurrently and further directing that the entire amount of fine, if realised, shall be paid to the parents of the deceased.

(2.) THE facts in brief are that on 19.3.1990, at 7. 30 P.M., ASI Bakshish Singh recorded statement Ex. P.K. of Gulzar Singh, PW, on the basis of which formal FIR Ex. PD under Sections 306/34 IPC was registered in P.S. Tanda on the same day i.e. on 19.3.1990 at 8.30 P.M. In the said statement it was stated by Gulzar Singh P.W. that about two years back his daughter Balwinder Kaur was married to accused Balwinder Singh, who was residing in Germany and sufficient dowry was given at the time of marriage. It was alleged that after 15-20 days of marriage he had come to know that his son-in-law had already married with a German girl and a couple photo of his son-in-law Balwinder Singh and the said German lady was found by his daughter concealed in the attache case. It was alleged that about 5-6 months back his son-in-law Balwinder Singh had come from Germany for about 20-25 days and he had given beating to his daughter Balwinder Kaur and he used to tell her that she should contract second marriage elsewhere and this fact was told to him by his daughter when she came to his village. It was alleged that his son-in-law Balwinder Singh had come to their house and he had convened that Panchayat and his son-in-law had asked his daughter Balwinder Kaur to accompany him but she was not agreeable but they made her understand and sent her to the house of her in laws. It was alleged that after completion of his leave his son-in-law Balwinder Singh went back to Germany and about one week back his son-in-law Balwinder Singh had again came back to the village from Germany. it was alleged that on 17.3.1990, in the evening his son-in-law and daughter Balwinder Kaur came to their village and stayed with them at his house and went back at noon time on 18.3.1990. It was alleged that at that time his daughter had told him that her husband and his mother did not like her. It was alleged that on that day i.e. on 19.3.1990 at 3 P.M. Ashok came to their house in their village and said that Balwinder Kaur will ill whereupon he along with his wife and sister went to the village of the accused and he found his daughter Balwinder Kaur lying dead on the cot and there was no visible mark of injury on her body. It was alleged that his daughter Balwinder Kaur had taken some poisonous substance due to the harassment by his son-in-law, Balwinder Singh and his mother Parsin Kaur or they had killed her. It was alleged that after leaving his wife and sister near the dead body he was coming to report the matter to the police when the police met him on the way. The case was investigated by ASI Bakshish Singh. He carried out inquest proceedings and sent the dead body for post mortem examination. He also prepared the rough site plan. He also took the photograph Ex. P-1 produced before him by Gurmeet Kaur, into possession vide recovery memo. Both the accused namely Balwinder Singh and Parsin Kaur were arrested on 27.3.1990. After completion of investigation, challan was submitted in the court.

(3.) LEARNED Sessions Judge, after hearing both sides and perusing the record, acquitted accused Parsin Kaur but convicted accused Balwinder Singh under Sections 306 and 498-A IPC and also sentenced him, as referred to above, vide judgment and order dated 11.9.1991. Aggrieved against the same, Balwinder Singh filed the present appeal in this Court.