MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Swaran Singh alongwith his wife Smt. Manjit Kaur,his son Makhan Singh, his daughter Prabhijit Kaur and his son-in-law Jarnailsingh, husband of another daughter name Manjit Kaur were tried for offencesunder Sections 120-B, 302 and 304-B of the Indian Penal Code for the death ofsmt. Kulwinder Kaur wife of Makhan Singh.

(2.) MRS . Bakhshish Kaur, learned Sessions Judge, Gurdaspur vide judgmentof conviction dated 2. 12. 1992 acquitted all the accused of all the charges exceptmakhan Singh appellant who was convicted for an offence under Section 302 ofthe Indian Penal Code and sentenced to undergo imprisonment for life and to paya fine of Rs. 10,000/- and in default of payment of fine, to further undergorigorous imprisonment for two years. It was further directed that the amountof fine, if realised, would be paid to Bachan Singh P. W. 4, father of Smt. Kulwinderkaur deceased, as compensation.

(3.) THE prosecution story as contained in the First Information Report may besummed up thus : Smt. Kulwinder Kaur deceased in this case was the daughter of Bachansingh P. W. 4. She was married to Makhan Singh appellant about 1 yearsprior to her death. Bachan Singh P. W. 4 had given sufficient dowry in hermarriage. But her in-laws were not happy over the dowry given to her andon that acore, she was being ill-treated by the accused regarding whichshe had even informed her father about three months after marriage. When she visited her parents' village and that time, Dewan Singhsarpanch, Avtar Singh Mahal, Kulwant Kaur (daughter-in-law) and otherfamily members were also present. Bachan Singh P. W. 4 had then told thedeceased that he could not afford to pay more money and that he wouldtalk her father-in-law. Thereafter, on the following day, she left for her in-laws house. Baljit Singh P. W. 7, brother of the deceased, and his wife Smt. Kulwant Kaur used to visit the deceased at her in-laws house and thedeceased used to tell them about the ill-treatment suffered by her at thehands of the family members of her in-laws. For the last time, they visitedthe deceased at her in-laws house 3/4 days prior to her death and on thatoccasion also they were informed by the deceased of her having been givenbeating by her husband, Makhan Singh, her mother-in-law, Manjit Kaurand her sister-in-law, Prabhjit Kaur. Baljit Singh P. W. 7 had then askedthe deceased to accompany them but accused Prabhjit Kaur had declaredthat if the decased left the matrimonial home, she would not be allowed toenter there. The deceased apprehended that her dead body would moveout of her matrimonial house. Baljit Singh P. W. 7 and his wife Smt. Kulwant Kaur returned to their village and informed about the aboveincident to Bachan Singh P. W. 4. Makhan Singh, the husband wanted thatkulwinder Kaur should bring from her parents money enough topurchase a motor car because her father had sold agricultural land andat a considerable good price but the father could not fulfil the demandinasmuch as he had four sons and he wanted to purchase agricultural landin lieu of the one sold by him.