SUKHWINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 18.08.2009 passed by Sessions Judge, Sangrur whereby accused -respondent No. 2 has been acquitted of the charge framed against him in FIR No. 69 dated 24.07.2006, registered at Police Station Sherpur, under Section 306 of the Indian Penal Code (for brevity, 'IPC').

(2.) BRIEF facts of the case are that Gurjant Singh, brother of the complainant is simpleton and Gulzar Singh, father of Gurjant Singh looks after his family as wife of Gurjant Singh died 10 -12 years before lodging of the FIR on 24.07.2006. Sarabjit Kaur daughter of Gurjant Singh had maintained illicit relations with her neighbour Mangu Ram son of Vasdev, Pandit by caste, about a year before lodging of the FIR and they had a deep love for each other. The members of families of Sarabjit Kaur and Mangu Ram persuaded them but they did not abstain from meeting with each other. In connection with the said matter, complainant Smt. Sukhwinder Kaur alias Sukhi had come to the house of her parents about 3 -4 days prior to the lodging of FIR on 24.07.2006. She persuaded her niece Sarabjit Kaur that Mangu Ram did not hale from their caste and therefore, it was not possible for them to marry her with him. On 23.07.2006, Sarabjit Kaur had left the house with the excuse of bringing wool from village Lachhabaddi and who failed to return by the evening. Smt. Sukhwinder Kaur being suspicious left for the house of Mangu Ram and Vasdev, father of Mangu Ram told that Mangu Ram was not in the house since morning. At about 6.30 P.M., the complainant rang up from a PCO in his mobile phone number 9217912039 and she had a talk with Sarabjit Kaur and who told that she along with Mangu Ram was present at Bus Stand, Barnala and that last bus leaving for Sherpur had already left and both of them should be taken from Barnala. At this, Sukhwinder Kaur rang up her husband that Sarabjit Kaur and Mangu Ram were present in the Bus Stand of Barnala and he should bring them to Ghanauri Kalan. Thereafter, the complainant Sukhwinder Kaur accompanied by her father Gulzar Singh left for the house of Mangu Ram to make a complaint against Mangu Ram where the parents of Mangu Ram were found present. The complainant Sukhwinder kaur had still been talking with the parents of Mangu Ram, that in the meantime, her husband came on his motorcycle accompanied by Sarabjit Kaur and Mangu Ram. Again, members of two families prevailed upon Sarabjit Kaur and Mangu Ram, but they were adamant in their attitude and said that they will live and die together and they could not live separately and told that they could do whatever they liked. At that time, it was about 9.30 P.M. Mangu Ram asked Sarabjit Kaur that they will not allowed them to live together and that she should die by consuming the medicine held by her. At the repeated asking of Mangu Ram having compelled Sarabjit Kaur to die, she got out one small packet from her bra and consumed some poisonous substance and who ran away to her house. She was followed by the complainant Sukhwinder Kaur and her husband Makhan Singh as also her father Gulzar Singh. The health of Sarabjit Kaur having got worse, she was removed to the Civil Hospital, Dhuri where doctor having examined her declared her brought dead.

(3.) ON finding a prima facie case, the accused was charge -sheeted under Section 306 of IPC to which he pleaded "not guilty" and claimed trial.