SURENDER SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants have filed this appeal being aggrieved by the judgment dated 03.09.2003 passed by Additional Sessions Judge, Fast Track Court, Ambala, vide which they have been convicted under section 306 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/- each. Briefly, the facts of the prosecution case are that on 03.03.2001 at about 7.30 P.M. ASI Dilbag Singh, (PW11) received a memo Ex.PA in the police post from Station Master, Barara, according to which one man has been run over and killed at KM-236/29-31 in UP. During the course of proceedings, ASI Dilbag Singh met PW2 Hardeep Kaur in order to identify the dead body. The dead body was identified as of Balraj Singh who was husband of Hardeep Kaur. Her statement was recorded.

(2.) In the complaint Ex.PC, Hardeep Kaur stated that she was married to Balraj Singh deceased about 12 years ago. Her deceased husband was a bank employee and his nephew Kulwinder Singh used to visit her house. On 17.02.2001 he returned from Kurukshetra. On 18.02.2001, Karamjit Kaur @ Gauri daughter of Surinder Singh (accused), her neighbourer, left her house and went to Kurukshetra. Later on it transpired that Kulwinder Singh and Karamjit Kaur @ Gauri had performed Court marriage on 19.02.2001 at Ambala. Upon this some altercation took place between her and father of Gauri on the allegation that Kulwinder Singh had been visiting her house and had enticed away his daughter Karamjit Kaur and performed marriage with her. Accused-appellant Surinder Singh had stated that because of the marriage they would take revenge from Balraj and his family members. On receiving threats from Surinder Singh, the complainant and her family members left the house and went to their relative house. In order to sole the issue, the dispute was referred to the Panchayat and the panchayat was convened in the evening. However, Balraj Singh was disturbed by the threats given to him and his family members on account of the fact that his nephew Kulwinder Singh had performed marriage with Gauri by running away from the house and therefore, he committed suicide by jumping in front of a running train.

(3.) The trial Court after going through the entire evidence led by the prosecution convicted all the four accused persons under section 306 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 500/- each. Mr. R.S.Mamli, learned counsel for the appellants submits at the out set that he does not challenge the conviction of the appellants.