GURCHARAN SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Gurcharan Singh and Sukhwinder Singh who were convicted under Section 306 of the Indian Penal Code and sentenced to undergo 6 years rigorous imprisonment and to pay a fine of Rs. 3000/- each and in default to undergo a further period of 6 months rigorous imprisonment have challenged the above judgment of conviction and sentence passed by the trial Court. It is the case of the prosecution that Surjit Kaur (since deceased) was married to Dr. Jaspal Singh. They were blessed with two daughters namely Geet Pahul (since deceased) and Preet Pahul (since deceased). At the time of occurrence that took place on 3.10.2000 Geet Pahul was 22 years old and Preet Pahul was 18 years old. Dr. Jaspal Singh having left the government service about 18 years prior to the occurrence started a coal factory at Muktsar. He suffered losses in the said business. He could not repay the loan obtained by him from the bank. On the death of Jagtar Singh, the father of Dr. Jaspal Singh his property was inherited by Dr. Jaspal Singh and his brothers including accused Gurcharan Singh. Accused Sukhwinder Singh is the son of accused Gurcharan Singh. As the factory went into heavy loss, he started his private medical practice. About 1 years prior to the occurrence Dr. Jaspal Singh went missing. He left behind a letter addressed to Regional Manager, Punjab and Sind Bank, Faridkot to the effect that he could not repay the loan as the factory went into loss and he was not having any property in his name. Despite best efforts made by the family of Dr. Jaspal Singh, he could not be traced.

(2.) Surjit Kaur along with her two daughters Geet Pahul and Preet Pahul shifted her residence from Jalalabad to Abohar and started residing in a rented house of P.W. 3 Master Hans Raj. As they did not have sufficient source of income to meet the expenditure, Surjit Kaur demanded her share in the agricultural land and the house from the family of her in laws for the maintenance of herself and her daughters.

(3.) On 3.10.2000 at about 10.30 P.M., P.W. 3 Master Hans Raj alerted P.W. 5 Gurjeet Singh and P.W. 6 Gaganjit Singh, the brothers of deceased Surjit Kaur as there was no response from the house of Surjit Kaur. They broke open the window panes and found Surjit Kaur and her daughters Geet Pahul and Preet Pahul lying dead after consuming poisonous substance. There was a death note in the hand writing of Surjit Kaur left behind at the time of committing suicide. It would read that the whole of her land should be given to National Defence Fund. The family of in-laws especially her mother-in-law, Master Gurcharan Singh and his wife Ajit Kaur and his son Goldy were responsible for her death. They also forced her husband to die. They could not live the life of hell. She pleaded before Smt. Sonia Gandhi, President and Chief Minister but there was no one to protect her in the society. She filed a case before the Human Rights Commission. She struggled continuously for 1-1/2 years. As her intelligent daughters were studying, she bore all such pains and remained alive. At least her in-laws should be punished after their death. All the sale deeds of the land were lying by her side. Suicide note of her husband was not handed over to the police on account of some coercion.