PURAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PURAN Singh, Pat Ram and Ram Rati have by way of this appeal challenged their conviction and sentence of rigorous imprisonment for three years and a fine of Rs. 1000 each, in default further rigorous imprisonment for six months each, under section 306 of the Indian Penal Code recorded by the Additional Sessions Judge, Rohtak, vide his order dated 27th September, 1984.

(2.) SHRIMATI Kusum Lata (since deceased) was married to Puran Singh appellant in the year 1981. Her father Raghbir Singh PW4 spent about Rs. 50,000 on her marriage. Shrimati Kusum Lata started living with Puran Singh appellant at village Baliana. Once or twice Shrimati Kusum Lata informed her father Raghbir Singh that she was being taunted for bringing insufficient dowry. Kapur Singh PW5, brother of Shrimati Kusum Lata, once went to village Baliana to see his sister Kusum Lata and on his return from there he also informed his father Raghbir Singh that Kusum Lata was being harassed by Puran Singh appellant and his mother Ram Rati. In 1982 Kusum Lata visited her father's house and told him that her-in-laws were harassing her for bringing insufficient dowry. She further told her father that her-in-laws had asked her to bring more dowry from her parents. Thereafter Puran Singh appellant visited his father-in-law's house to take Kusum Lata back. Raghbir Singh PW impressed upon him not to harass Kusum lata. Raghbir Singh PW then sent his daughter Kusum Lata along with Puran Singh appellant. Thereafter Kapur Singh PW went to visit his sister Kusum Lata at her in-laws house. Kusum Lata gave a letter to him and also orally told him that her in-laws were demanding Rs. 4000. Puran Singh then again visited his in-law's place at Rohtak and asked his father-in-law to pay Rs 4000 to him. Raghbir Singh in the presence of some neighbour paid Rs. 4000 to Puran Singh and told him that he and his wife should live in peace. In spite of all this the appellants continued harassing Kusum Lata. Raghbir Singh PW then called Puran Singh and Pat Ram appellants to his village and in the presence of his son Kapur Singh and some other neighbours told them not to harass Kusum Lata. Both the appellants felt offended and left the house of Raghbir Singh without taking meals. Two and a half months prior to the death of Kusum Lata she was brought to the Medical College Hospital, Rohtak, where she delivered a female child. The monther-in-law of Kusum Lata had come there in connection with the delivery and after Kusum Lata was discharged from hospital and taken away, her father sent his son Jai Parkash with the customary gifts. Jai Parkash, on return, told his father Raghbir Singh that the in-laws of Kusum Lata were not happy with the presents since no gold ornaments were given to the new born. After about a month of the delivery Kusum Lata again visited her parents and told her father that her father-in-law and mother-in-law had again put forward a demand of Rs. 20,000 and had threatened that in case the amount was not paid Kusum Lata would be deserted. On 5th December, 1983, Kapur Singh PW again visited village Baliana and learned that Kusum Lata was given beating by Puran Singh appellant and his mother. On 8th December, 1983, Raghbir Singh PW learnt about the disappearance of Kusum Lata. He went to Baliana and enquired about the whereabouts of Kusum Lata from the sister Puran Singh appellant but she showed ignorance about the same. Raghbir Singh then enquired about the whereabouts of Puran Singh and his mother. Somebody from the neighbourhood told him that there was a quarrel going on for the last four or five days in the house of the appellants. In the meantime, Puran Singh, appellant and his mother entered the house. On enquiry by Raghbir Singh, they told him that they did not know about the whereabouts of Kusum Lata. Raghbir Singh then gave two or three fist blows to the mother of Puran Singh. She then informed Raghbir Singh that Kusum Lata was lying in the well situated in the fields. Raghbir Singh then went to Police Station, Sampla, on 9th December, 1983, and made an application before the Station House Officer. On the basis of the same first information report exhibit PG/1 was recorded, on 9th December, 1983, at about 8.50 a.m. Earlier to this a report, Exhibit PB, about the death of Kusum Lata was made by Maha Singh brother of Pat Ram appellant. On the basis of that report, Assistant Sub-Inspector Sin Ram went to the spot and found the dead body of Kusum Lata lying there. He conducted the inquest proceedings and despatched the deadbody for autopsy. Dr. N. K. Bishnoi PW 1 conducted post mortem examination on the deadbody on 9th December, 1983, at 2.30 p.m. Following is the report of the examination :-

(3.) THE prosecution, besides Dr. M.K. Bishnoi PW1, examined Ram Singh Constable PW2 who brought the daily diary of Police Post No. 7, Faridabad. He stated that in December, 1983; Puran Singh appellant was posted in Police Post No. 7, Faridabad, as Constable. He submitted a leave application which was brought by this witness in original. Its copy is Exhibit PD. Leave for period 2nd December, 1983 to 10th December, 1983, was sanctioned to Puran Singh appellant and he proceeded on leave on 2nd December, 1983, at 5.35 p.m. Puran Singh did not report for duty on 10th December, 1983. His absence report was recorded in the daily diary on that date. PW3 Daya Nand Patwari prepared site-plan Exhibit PF. Raghbir Singh PW4, father of Kusum Lata, Kapur Singh PW5, brother of Kusum Lata PW8, Ram Saran material uncle of Kusum Lata and PW9 Ram Singh deposed about the maltreatment and harassment of Shrimati Kusumlata by the appellants. PW4 Raghbir Singh lodged first information report Exhibit PG/1. PW6 Shrimati Barfi Devi, PW7 Jai Parkash, Chhatar Singh PW10 and Inder Singh PW11 were tendered for cross-examination. PW12 Sis Ram Assistant Sub Inspector recorded the first information report, investigated the case and arrested the appellants.