GURDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) GURDEEP Singh accused, aged about 18 years and his mother Maya Devi were tried for charge under Sections 498 -A and 304 -B of the Indian Penal Code for subjecting Chhinder Kaur wife of Gurdeep Singh to cruelty to meet their unlawful demand of dowry resulting in her death within seven years of her marriage. Both the said accused were convicted under Section 498 - A and 304 -B of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for seven years under Section 304 -B of the Indian Penal Code and they were further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/ - each under Section 498 -A of the Indian Penal Code. In default of payment of fine each one of them was sentenced to undergo further rigorous imprisonment for one year. Both the substantive sentences of imprisonment were, however, ordered to run concurrently vide order of Sessions Judge, Hisar dated 9.3.1992.

(2.) IN brief facts of the prosecution case are that Gurdeep Singh accused was married to Chhinder Kaur about 1 -1/2 years before her death. Gurdeep Singh accused, his mother and co - accused Maya Devi were not satisfied with the dowry brought by Chhinder Kaur. Both of them started harassing her and gave her beating quite often. Panchayat was convened to settle their differences. Gurdial Singh brother of Chhinder Kaur went to enquire about the welfare of his sister Chhinder Kaur. In his presence Maya Devi accused turned Chhinder Kaur out of her house. Gudial Singh persuaded his sister to live in the house of the husband telling her that he would come back shortly. Thereafter Jit Singh wife's sister's husband of Dewan Singh informed, Bakhtawar Kau: mother of the deceased about the death of her daughter Chhinder Kaur. After completion of the investigation the accused were challaned, tried, convicted and sentenced as stated earlier.

(3.) THE prosecution case rests on the testimony of Bakhtawar Kaur PW.5 mother and Diwan Singh PW.6 brother of Chhinder Kaur deceased who deposed that after the marriage of Chhinder Kaur with Gurdeep Singh accused, he and his mother Maya Devi were not satisfied with the dowry brought by Chhinder Kaur deceased. Both the accused gave her beating from the very beginning. Panchayat was convened by father of Gurdeep Singh accused and the accused gave assurance that Chhinder Kaur would not be maltreated whereupon she was sent back to her matrimonial home. After about 15 days Gurdial Singh brother of Chhinder Kaur went to enquire about the welfare of his sister in whose presence Maya Devi accused turned out Chhinder Kaur from the house. The matter was got settled by Gurdial Singh who persuaded his sister to continue to live at the house of her in -laws. Gurdial Singh went back and reported the matter to his mother. Jit Singh informed the complainant on 22.2.1991 at about 6 P.M. about the death of Chhinder Kaur. Thereafter Bakhtawar Kaur accompanied by her husband's brother Gurdeep Singh, her sons Diwan Singh and Gurdial Singh went to the house of the accused and found dead body of her daughter Chhinder Kaur hanging in the air. She then reported the matter to the police. PW.4 Kuldip Singh deposed that the accused had been beating and kicking Chhinder Kaur deceased for bringing insufficient dowry.