AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 11.7.2003 passed by Sh. G.K. Rai, Additional Sessions Judge, Mansa, vide which the accused appellants have been convicted under Sections 306 and 201 IPC and sentenced to undergo imprisonment and fine as given below: -

(2.) BOTH the sentences were ordered to run concurrently. The law was set in motion by filing of complaint by Chhinder Pal Kaur complainant on the allegations that she was married with Bhura Singh about 25 years back and out of that wedlock, Buta Singh @ Bohar Singh was born. Bhura Singh, her husband died 14/15 years back. She re -married Jagdev Singh and out of said wedlock, she has three children. Buta Singh, her son was married to Kuldeep Kaur accused, and was residing with his family at village Nandgarh. Her son started taking intoxicants and for that reason his wife was disturbed. The complainant and Kuldeep Kaur prevented him not to take intoxicants, as it was not good for health and his in -laws were deadly against the habbit of her son taking intoxicants. Due to this bad habbit of her son, his wife left his house for her parental house several times. She was brought back with the intervention of Panchayat. Son of the complainant had received beatings at the hands of his in -laws many times. About two months back, the complainant alongwith Jagdev Kaur, her sister -in -law went to village Nandgarh to see Buta Singh. They found that Ajmer Singh, father -in -law, Darshan Singh and Angrej Singh, brother -in -law of her son, were sitting in the house. At about 7.00 P.M. accused Darshan Singh went away and after an hour he came alongwith Mara Singh, Baldev Kaur and Mangu Singh. At that time Darshan Singh, Mangu Singh and Mara Singh were dead drunk and they were having two more bottles of liquor with them and they again started taking liquor. Darshan Singh forced her son Buta Singh to take liquor. All of them started exchanging hot words with her son, as to why he has been harassing their daughter. Then they started beating her son. Jagdev Kaur asked them not to beat Buta Singh by raising alarm Na Maro Na Maro. The accused did not adhere to her request and asserted that Buta Singh is not changing his ways. Kuldeep Kaur and Baldev Kaur remarked that they want to finish the matter to avoid daily conflict. All the accused started giving beatings to the son of the complainant. Buta Singh asked the accused not to beat him like that.

(3.) THE complainant on the next morning stepped out of the house on the pretext of attending the call of nature. She went to police Station, Jhunir to inform about the matter. Taking advantage of her absence, the accused cremated the dead body of Buta Singh in haste. Jagdev Kaur told her that the accused had forcibly cremated the dead body of Buta Singh. The complainant contacted the police and told her husband also, but the police did not take any action. The complainant again went to Police Station on 1.9.1999 and moved application to higher authorities also, but to no effect. The police refused to take any action and connived with the accused. Hence the complaint was filed. In the preliminary evidence, complainant herself appeared into the witness box as PW -1 and reiterated the entire version of complaint and examined PW -2 Jagdev Kaur, who witnessed the whole occurrence, PW -3 Shamsher Singh, PW -4 Chhinder Pal Kaur and thereafter closed the preliminary evidence.