NACHHATAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NACHHATAR Singh the husband, Sulakhan Singh a brother of aforesaid Nachhatar Singh and Savitri a widowed sister have been convicted under Section 304-B of the Indian Penal Code by Shri Beant Singh Bedi, Additional Sessions Judge, Ludhiana on 23.10.1992 and sentenced to imprisonment for life. Aggrieved against it, the present appeal has been attempted.

(2.) BRIEFLY , Nachhatar Singh, a Naik in the Army was married to Narinderjit Kaur about 3-1/2 years prior to this occurrence. Besides Nachhatar Singh his brother Sulakhan Singh and a widowed sister Savitri had also been residing at the premises and they all were dissatisfied with the dowry and Nachhatar Singh and his brother had been maltreating and coercing Narinderjit Kaur. About three weeks prior to the occurrence Mohinder Singh the father-in-law stressed upon Nachhatar Singh not to harass his daughter. On 20th of September, 1990 on the assurance of a couple of respectables including Rattan Singh the complainant father alongwith his son Gurnam Singh went to the premises of the appellants and left Narinderjit Kaur at the house of her in-laws at village Tanda Kalia. Nachhatar Singh Sepoy was on long leave during this period. Scarcely after four days Gurnam Singh brother of Narinderjit Kaur went to the premises of her in-laws to enquire about the well-being of the sister and came back with the report that his sister has been subjected to burns and she has been carried away in a tractor trolley. Mohinder Singh the father rushed out of his house and first proceeded to the nearby Government hospital at Machhiwara and when his daughter was not found there he proceeded to Ludhiana but on the way near village Iraq they noticed the burnt body of Narinderjit Kaur in a van and the father noticed that his daughter Narinderjit Kaur was dead on account of burns. Sulakhan Singh and his sister Savitri made good their escape from the aforesaid van. Mohinder Singh the father thereafter proceeded to Police Station Machhiwara where his statement was recorded by Shri Ashok Puri Sub Inspector at 1.50 p.m. and the 'special report' reached the Ilaqa Magistrate, Samrala at 6.00 p.m. on 24.9.1990 itself. However, Sulakhan Singh and Savitri could be arrested on 5.10.1990 and Nachhatar Singh was handed over by the army authorities on 17.10.1990 to Shri Avtar Singh ASI (PW-12) because according to their communication dated 11.3.1991 they had declined to try him through Court Martial and it was in these circumstances that all the three accused were tried at Ludhiana.

(3.) PW -1 Mohinder Singh, complainant-father of the deceased, told that Narinderjit Kaur was married about 3-1/2 years prior to the occurrence. Besides, Sulakhan Singh, the younger brother of the husband, and Savitri, a widowed sister had also been residing in the same premises. He specially told that the younger brother of the husband and also the sister of the husband had been making demand for more dowry as complained by Narinderjit Kaur, his daughter. He specially deposed that there was a demand for more dowry even on 12.9.1990 when Narinderjit Kaur came to his house inasmuch as she was turned out by the accused after she was beaten by Nachhatar Singh and Savitri.