STATE OF PUNJAB Vs. KASHMIR SINGH

JUDGEMENT

(1.) KASHMIR Singh son of Bakar Singh, aged 20 years, Cultivator of village Kathgarh, District Ferozepur has been acquitted by Shri S. S. Grewal, Additional Sessions Judge Ferozepur on charge for offences punishable under Sections 302/306/498-A and 304-B of the Indian Penal Code. Aggrieved against it, the State of Punjab has preferred this appeal.

(2.) BRIEFLY stated the story of the prosecution is that Mst. Prito Bai was married to Kashmir Singh about one year prior to the occurrence but the husband used to mal-treat her. The aforesaid Prito Bai had been staying with her parents. Kashmir Singh had come to the house of his in-laws and expressed his regrets regarding the mal-treatment and promised that he would not beat or treat his wife with cruelty in future and on this assurance Prito Bai accompanied Kashmir Singh in the presence of Sunder Singh, Sarpanch and Piara Singh, Panch of her village about 10 or 12 days before the occurrence. However, in the early hours of morning of 10.2.1987, Shankar Singh, father received information that his daughter was not traceable. Shankar Singh, along with his two sons Puran Singh and Lachhman Singh reached village Kathgarh and as a consequence of thorough search Prito Bai was noticed hanging on a Keekar tree amidst wheat crop in the area of village Kathgarh itself. Shankar Singh, the father lodged the report which was recorded at Police Station Jalalabad on 10.2.1987 at 10.15 a.m. The post mortem examination was conducted at Civil Hospital, Fazilka. The Medical Officer found the ligature mark between the chin and the thyroid. The Medical Officer sent viscera for chemical examination and after the receipt of the report it was found that the stomach contained aluminium phosphide. After the receipt of the report of the Chemical Examiner and Medical Officer, the report dated 10.2.1987 was given the formal shape of an F.I.R. on 13.9.1987. Shri Kashmir Singh, A.S.I. reached the village of the accused and conducted inquest proceedings and despatched the dead body for the purpose of post-mortem examination.

(3.) P .W. 2 Shankar Singh, father who has specifically deposed that Prito Bai had been complaining that her husband used to beat and mal-treat her. He also wanted that his wife should bring more money from her parents. The complainant-father had also promised to meet some demands after the Kharif Crop. He has thereafter described the entire occurrence as referred to above. He has denied that his daughter had any mental dis-order or that she committed suicide on account of it or that it was never abetted by Kashmir Singh.