BHUPINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) INSTANT criminal appeal has been filed challenging the judgment dated 15.10.2013 passed by learned Additional Sessions Judge, Fatehgarh Sahib whereby respondents no. 2 to 7 (for brevity 'the accused') have been acquitted of the charge framed against them in a case FIR No. 54 dated 09.07.2011, registered at Police Station Mulepur, under Section 306 of the Indian Penal Code.

(2.) IN nutshell, the case of prosecution is to the effect that Bhupinder Singh son of Ranjit Singh, resident of village Gajewas, Police Station Sadar, Samana, District Patiala got recorded his statement that his sister -Rajinder Kaur was married with Hakam Singh, who has died. Rajinder Kaur, who had no issue, visited the complainant on 04.07.2011. On that day, she was under stress and told the complainant that Nirbhai Singh, her brother in law, Shamsher Singh, father -in -law and Gurjant Singh, brother -in -law used to harass her and also did not give her any share of the land. Rajinder Kaur also told the complainant that some days back, Nirbhai Singh had forcibly shown paddy crop in her fields and not given money of the lease amount for the land which fell to her share. She also moved applications before the officers concerned. The complainant on seeing her tensed, got her admitted in Rajindra Hospital, Patiala where she ultimately died. The complainant and his brother received the dead body of their sister -Rajinder Kaur. When they were keeping the dead body of their sister -Rajinder Kaur in the vehicle, they found a paper from her dead body showing the reasons for her death and the same was bearing her thumb impressions. The paper recited that Rajinder Kaur was very distressed from the members of her in -laws comprising of her father -in -law Shamsher Singh son of Wasakha Singh and Nirbhai Singh, Gurjant Singh, Kesar Singh sons of Shamser Singh, resident of village Bhal Majra, Tehsil and District Fatehgarh Sahib including Harjit Kaur wife of Nirbhai Singh and Gurmeet Kaur wife of Gurjant Singh. The said persons had also grabbed her house including the property which fell to her share. She was pestered very much and even deprived of food and cloth. The said persons would be held responsible for her death. It is further mentioned in the statement that Rajinder Kaur died due to distress caused by her in -laws on account of not giving the land which fell to her share. On the basis of said statement, FIR No. 54 dated 09.07.2011 was registered at Police Station Mulepur, under Section 306 of the Indian Penal Code. Investigation was set into motion. Statements of witnesses were recorded. Site plan was prepared. The accused were arrested. After completion of investigation, challan was presented for the commission of offence under Section 306 of the Indian Penal Code in the Court of Illaqa Magistrate, who committed the case to the Court of Session. Thereafter, the case was entrusted to learned Additional Sessions Judge, who framed charge under Section 306 of the Indian Penal Code, to which accused did not plead guilty and claimed trial.

(3.) STATEMENTS of the accused were recorded under Section 313 Cr.P.C. The accused denied the incriminating circumstances appearing against them in the prosecution evidence and claimed to be innocent. In their defence, the accused tendered documents Mark D -1 to D -7 and Ex.D -1 and Ex.D -2.