RACHHPAL CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RACHHPAL Chand and Rajinder Pal, the two brothers, through this appeal, challenge the judgment dated September 22, 1983, of the learned Sessions Judge, Gurdaspur, whereby he has convicted and sentenced them as under :- Rajinder Pal, accused-appellant Under section 302, read with section 34, Indian Penal Code, to undergo imprisonment for life, under Section 201, Indian Penal Code to undergo rigorous imprisonment for two years; and under section 404, Indian Penal Code, to undergo rigorous imprisonment for one year; Rachhpal Chand, accused-appellant Under Section 302, read with section 34, Indian Penal Code, to undergo imprisonment for life and under Section 201, Indian Penal Code, to undergo rigorous imprisonment for two years. The substantive sentences were, however, ordered to run concurrently.

(2.) BRIEFLY stated the prosecution case is that Kulwinder Singh (PW2) and Harinder Singh (PW 9) are brothers. They had a sister by the name of Tripta. She was married to Rajinder Pal, appellant, about six years prior to the present occurrence, which took place on the morning of December 4, 1982. After the marriage, her parents-in-law named Smt. Tripta as Urmala. After the marriage for about two years the relations between the husband and wife were cordial. Thereafter when Smt. Urmala gave birth to her second daughter, her in-laws started maltreating her. She was even physically assaulted. The second daughter, however, died in her infancy. To her misfortune Smt. Urmala gave birth to the third daughter. Thereafter Rajinder Pal, appellant, and other members of the family started beating Smt. Urmala more often. Another reason for this behaviour was that Rajinder Pal and members of his family were not satisfied with dowry brought by Smt. Urmala. After giving her beating they used to turn her out of the house. She used to go to her brother's house in Dera Baba Nanak. Rajinder Pal, appellant, in the company of his relations his sister and mother used to visit the house of Kulwinder Singh and used to request for sending Smt. Urmala with them. On the assurances given by these people that they would in future keep her properly Kulwinder Singh and his brother used to send Smt. Urmala to her in-laws' place. Smt. Urmala used to inform Kulwinder Singh and Harjinder Singh (PWs) about the maltreatment meted out to her by her husband Rajinder Pal and the members of her family. She used to tell them that when Rajinder Pal appellant used to beat her, his family members never interfered and asked him to desist from these nefarious activities. In fact Rachhpal Chand, appellant, and other members of his family used to join Rajinder Pal in torturing her. Both the appellants lived in a separate portion of the house with common compound.

(3.) ON July 2, 1982, Tirath Ram, father of the appellants, submitted an application, Exhibit PE, to the Sarpanch, Gram Panchayat Village Mallowali, in which it was alleged that his son Rajinder Pal abuses and beats his wife (Smt. Urmala) frequently; that she is fed up with his behaviour; that it is possible that she may commit suicide. If any such incident takes place, then only Rajinder Pal will be responsible for it, that when (Tirath Ram) and his wife try to prevent Rajinder Pal from torturing his wife, he (Rajinder Pal) threatens them that he will kill them. Rajinder Pal was summoned by the Panchayat. He appeared before the Panchayat and put his reply in writing. It is Exhibit PE/1. He begged pardon from his father as also from the Panchayat. He prayed that he will not do anything wrong in future and will not beat or abuse his wife. If anything happens to his wife in future then neither his parents nor any of his relatives would be responsible and that he alone would be responsible for it. There is an endorsement on this application that Rajinder Pal has begged for pardon and the Panchayat and his father Tirath Ram have pardoned him. This is attested among others by Harbans Lal (PW 4), who is member of the Panchayat. Harbanse Lal has appeared as a witness and supported this version. He proved this application (Exhibit PE) written by Tirath Ram and reply thereto (Exhibit PE/1), submitted by Rajinder Pal, appellant, in his own hand.