GURMEL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THREE appellants, namely Gurdial Kaur, her son Baldev Singh and her husband Siri Chand have come up in appeal against their conviction under Section 306 I.P.C. recorded by the learned Additional Sessions judge, Bhatinda vide his order dated 16.5.1983. All the three appellants have been sentenced to R.I. for three years and to pay a fine of Rs. 200/- each, in default R.I. for one month.

(2.) MANJIT Kaur, since deceased, was married to Baldev Singh appellant about 13/4 years earlier to the present occurrence which took place some where on 10th March, 1982. Three months prior to the present occurrence, Gurdev Singh PW6 member Panchayat of village Pacca Kalan was informed by Jangir Singh father of the deceased and Joginder Singh uncle of Manjit Kaur deceased that she had been turned out from the house of her in-laws, but Manjit Kaur was again brought to her in-law's place by Gurdev Singh, Joginder Singh and others PWs. 3/4 days after that, Baldev Singh appellant is alleged to have told these witnesses that he did not want to keep Manjit Kaur since she did not give birth to any child. Siri Chand appellant told that he wanted to marry his son for the second time. However, on the request of these three PWs, the appellants agreed to keep her in the house. On 7.3.1982 Baldev Singh appellant went to his father-in-law's place and told him that Manjit Kaur was missing from the house since morning. Jangir Singh PW then called Tara Singh, Joginder Singh and Gurbachan Singh and told them about this fact and requested them to search for her daughter. Jangir Singh lodged report Exhibit PD at Police Station Saddar, Bhatinda about the missing of his daughter. On 11.3.1982 A.S.I. Mohinder Singh PW received a letter from S.D.O. Public Health, Bhatinda, which is Exhibit PF informing him that one dead body was floating in the water tank of village Teona which was maintained by the Public Health Department. A.S.I. Mohinder Singh PW took out the dead body from the water tank of 12.3.1982 in the morning. He prepared the inquest report Exhibit PB and sent the dead body for postmortem examination. Dr. Subash Chander PW 1 performed autopsy on the deadbody of Manjit Kaur on 12.3.1982 at 4.00 P.M. In the following term is his report :-

(3.) WHEN examined under section 313 Cr.P.C., the appellants denied the prosecution allegations and stated that since Manjit Kaur did not bear any child, she was also depressed. She was got medically treated at many places. Baldev Singh appellant informed his in-laws about the missing of Manjit Kaur and he had been searching for her also. Her body was found floating in the water tank. The appellants, however, did not lead any evidence in defence.