BEANT KAUR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this single order, I shall dispose of two Criminal Revision bearing Nos.2632 of 2013 and 2756 of 2013, arising out of the same order dated 23.4.2013, passed by the learned Additional Sessions Judge, Tarn Taran, vide which in the trial titled 'State Vs. Major Singh' under Sec. 306 Penal Code pertaining to FIR No.166 dated 9.8.2011, police station Patti, application of the prosecution under Sec. 319 Crimial P.C. was allowed and Beant Kaur wife of Major Singh, Yugraj Singh son of Major Singh and Kawalpreet Singh son of Ajit Singh were ordered to be summoned to stand trial for an offence under Sec. 306 Penal Code. For facility of reference, facts are being extracted from FIR No.166 annexed with CRR No.2756 of 2013.

(2.) It is necessary to summarize the allegations leveled in the FIR. Sukhwinder Kaur made a statement to the police that her daughter Manpreet Kaur aged about 22 years was married about one year back and now because of her strained relations, she was living with her. Sukhwinder Kaur further stated that her husband had died about 17/18 years back. About 1-1/2 months ago, Beant Kaur wife of Major Singh, resident of Guru Nanak colony, Patti, who happens to be her Bharjai (brother's wife), came to her at Sarhali and told her that they had fixed the marriage of Jugraj Singh for 14.10.2010, who happens to be nephew of Sukhwinder Kaur and son of Beant Kaur. Therefore, for domestic work, Manpreet Kaur was sent with Beant Kaur at Patti. Manpreet Kaur stayed in the house of Beant Kaur and Major Singh for about 15 days at Patti but about one month prior to the lodging of FIR, she came back at Sarhali to her mother and disclosed her that she does not want to live with her Mama, Mammy because their son Jugraj Singh had tried to outrage her modesty and was keeping evil eye on her. Sukhwinder Kaur stated that she did not take any legal action about this incident. She further stated that on 1.10.2010, her sister-in-law Beant Kaur came to her from Sarhali and told her that Manpreet Kaur has committed theft of about 25 tolas of gold from her house. Sukhwinder Kaur swears and asked Beant Kaur to first satisfy herself from own house and then she will ensure proper justice. But Beant Kaur did not believe the complainant and moved a complaint to police against Sukhwinder Kaur and her daughter. On 2.10.2010, complainant went to Patti to the house of her brother and her sister-in-law and asked them to collect all their relations and give her justice and not inform the police. But Beant Kaur stated that she does not want any justice from the complainant and now police will hang them upside down and recover the stolen gold. The complainant went back to her house and disclosed the said fact to her daughter Manpreet Kaur(now deceased). Manpreet Kaur became tense. On 3.10.2010, complainant Sukhwinder Kaur, her daughter Manpreet Kaur and her son were summoned to police station Sarhali in the presence of respectables. Inquiry was made from them about stolen gold. On the assurance of respectables, the police gave them time till 7.10.2010. However, Beant Kaur threatened that complainant and her daughter will be got beaten up from the police. Manpreet Kaur took this to her heart. On 4.10.2010, at about 8.00 a.m., Manpreet Kaur without telling anything to anybody went away from her house and later on, on 4.10.2010 at about 12.00 (noon), one Minta son of Bhajan Singh told them that a phone call was received from Major Singh in the morning that Manpreet Kaur had come to their house. She appears to have consumed some insecticides and complainant was asked to come to Patti. Complainant went to Patti Civil Hospital and there she found that Manpreet Kaur had died on account of consumption of insecticides. On the basis of this statement, case under Sec. 306 Penal Code was registered.

(3.) After investigation, the police submitted report under Sec. 173 Crimial P.C., wherein only Major Singh was challaned, whereas Beant Kaur and her son Jugraj Singh were kept in column No.2, having been found innocent.