BHINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER , Bhinder Kaur, along with two others, was arraigned as an accused in FIR No.101 dated 07.09.2001 (for short, 'FIR') recorded at Police Station, Gidderbaha, under Sections 325, 323, 356, 384 and 34 of the Indian Penal Code, 1860, (for short, 'IPC'), on the allegations that complainant -Baljit Kaur's son, named, Balwinder Singh was married to the petitioner. On trivialities there used to be tension between the petitioner and the complainant. About three months before registration of the FIR, petitioner had lodged a dowry case against the complainant, her son Balwinder Singh and husband Teja Singh. Hearing in this case was fixed for 07.09.2010 in a Gidderbaha court. Complainant, her husband and son Balwinder Singh came to the court to attend hearing of the aforesaid case. The petitioner, her nephew Gurpreet Singh, Balraj Singh son of Ajmer Singh of village Bishnandi and another person of village Raike Kalan, met them on the gate of the Court at about 11:00 a.m. Balraj Singh raised a lalkara saying caught hold of the complainant and her siblings and not to spare them. Thereupon, the complainant, her son and husband ran towards Hussner Chowk. However, the petitioner, her nephew and the other person caught hold of the complainant, gave beatings to her and snatched an amount of Rs.1,000/ -, wrapped in handkerchief, from her hand. Gurpreet Singh and the other person caught hold of the complainant from her arms, Bhinder Kaur pulled her golden ear rings from her ears, which resulted into her ears being torn and blood oozing out therefrom. Her entire duppatta was soaked with blood. Even a piece of her ear was chopped off. Ear ring of her right ear fell on the ground and she picked up it along with piece of ear and raised an alarm. Her son and husband rescued her from the assailants.

(2.) THEREUPON , the assailants made good their escape and in the meantime, Wazir Singh also reached the spot and got the complainant admitted in Civil Hospital, Gidderbaha.

(3.) AFTER investigation, a report in terms of Section 173(2) of the Code of Criminal Procedure, 1973, (for short, 'Cr.P.C.') was presented before the learned jurisdictional Magistrate, who complied with the provisions of Section 207, Cr.P.C., on perusal of the report and its annexures, found a prima facie case punishable under Sections 325, 356, 323 and 384, IPC, to have been committed by the accused and charged them accordingly. On a plea of not guilty and a claim for trial having been put up by the accused, prosecution examined PW1 Baljit Kaur, complainant, PW2 Teja Singh, PW3 MHC Jeet Singh, PW4 Gurdev Singh and PW5 Dr. H.N.Singh. The accused were then examined under Section 313, Cr.P.C. and they tendered in defence evidence, a certified copy of report under Section 173(2), Cr.P.C., in FIR No.22 dated 23.02.2001 as Exhibit D1, certified copy of statement of Balraj Singh under Section 161, Cr.P.C. as Exhibit D2, certified copy of order dated 07.09.2001 as Exhibit D3, certified copy of order dated 18.09.2003 as Exhibit D4, certified copy of judgment in case titled as 'State Vs. Balwinder Singh' as Exhibit D5, certified copy of judgment of the Court of learned Additional District and Sessions Judge (Fast Track Court), Muktsar as Exhibit D6 and certified copy of order dated 15.10.2001 of Sirsa Court as Exhibit D7. On hearing the prosecutor and the defence and appraisal of evidence available on record, court of learned Judicial Magistrate Ist Class, Gidderbaha (hereinafter referred to as 'trial Court'), concluded that the prosecution was able to fix guilt of the accused beyond reasonable doubt and, accordingly, vide judgment of conviction and order of sentence dated 02.08.2010, convicted and sentenced the accused as under: -