VISAKHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is appeal against the judgment/order dated 19.7.1999 of the Additional Sessions Judge, Barnala whereby he convicted appellant Visakha Singh under Section 304B, I.P.C. and sentenced him to undergo imprisonment for life. He was also convicted under Section 498A, I.P.C. and sentenced to undergo RI for 2 years and to pay fine of Rs. 5,000, in default, to further undergo R.I. for six months. Appellants Jaggar Singh, Tej Kaur and Harpal Kaur were convicted under Section 304B, I.P.C. and sentenced to undergo RI for 10 years. Further, they were convicted under Section 498A, I.P.C. and sentenced to undergo RI for 2 years and to pay a fine of Rs. 5,000, in default, to further undergo RI for six months.

(2.) The case of the prosecution is unfolded by the statement Ex. PF of Harnek Singh made to Darshan Singh, SI/SHO Police Station Dhanaula on 5.2.1997 at 9.30 a.m. at Canal Bridge, Kotduna. Harnek Singh stated that he is a resident of Village Jandawala. He has two sons namely Nachhatar Singh and Resham Singh. His daughter is named Binder Kaur. His wife's sister's husband Bikkar Singh resident of Village Pandher had got his daughter Binder Kaur engaged with Visakha Singh of Village Pandher. Harnek Singh solemnised the marriage of his daughter Binder Kaur with Visakha Singh about 6 years ago. He had given dowry to his daughter, according to his capacity. After a few days of the marriage of his daughter, her in-laws stated demanding more dowry and cash. They also started harassing his daughter. This was disclosed to Harnek Singh by his Saddu (wife's sister's husband) Bikkar Singh when he came to his house. After consulting the members of his family, Harnek Singh went to Village Pandher to see his daughter Binder Kaur. Harnek Singh's son-in-law Visakha Singh, his father Jaggar Singh, Jaggar Singh's wife Tej Kaur and Visakha Singh's sister Harpal Kaur did not behave properly with him. Jaggar Singh father-in-law of his daughter asked Harnek Singh as to why he had not given Rs. 50,000 which he had agreed to do so. Visakha Singh then stated that he would not keep Binder Kaur in his house till a scooter is given to him. Tej Kaur mother-in-law of his daughter and Harpal Kaur, her sister-in-law asked Harnek Singh, as to what he had given them in dowry. They also stated that unless the demands are fulfilled, Binder Kaur cannot be kept in the house. After making a promise, Harnek Singh brought his daughter Binder Kaur to his own village. On the way, Harnek Singh's daughter told him that her in-laws were harassing her, for not bringing a scooter and cash. On reaching his house, Binder Kaur narrated the story about her harassment and demands made by her-in-laws, to all the members of her house. Harnek Singh and the other members consoled her and told her to act wisely with her in-laws. They also assured Binder Kaur that they would meet the demand of her in-laws. Harnek Singh then talked to his relatives and other persons of the village about the harassment being meted out to his daughter by her in-laws. Visakha Singh his son-in-law did not come to take his wife back to his house. Thereafter Mohinder Singh, Gurcharan Singh and Roop Singh son of Puran Singh all residents of Village Ballo went to Village Pandher in order to talk to Jaggar Singh. It was settled that Binder Kaur would be brought back to her in-laws' house after some days. About 7 days after the meeting with Jaggar Singh, Visakha Singh along with Mohinder Singh Lambardar of Village Pandher, came to Village Jandawala and he took Binder Kaur along with him. After some days, Harnek Singh went to Village Pandher to enquire about the welfare of his daughter. This time again the in-laws of his daughter did not behave properly with him. Binder Kaur told her father that her in-laws were harassing her and that he should fulfil their demands at the earliest. After advising his daughter, Harnek Singh came back to his village. The in-laws of Binder Kaur kept harassing her. Binder Kaur was pregnant, so, Harnek Singh brought her back from Village Pandher to his own Village Jandawala. His daughter gave birth to a male child. Visakha Singh did not come to see his son, but only Jaggar Singh father-in-law of Binder Kaur came with some eatables and then went away. Harnek Singh's daughter remained with him for about one year. During this period Visakha Singh did not come to see her. Harnek Singh along with some persons then went to Village Pandher and talked to the Panchayat of the village. The Panchayat asked Visakha Singh to bring Binder Kaur. After some days Visakha Singh along with his brother Joginder Singh came to Village Jandawala to take Binder Kaur. At that time, Harnek Singh gave Visakha Singh one Kara of gold, one ring of gold and clothes as Chuchak (gifts) and sent his daughter with him. After some time, Harnek Singh's daughter was asked to fulfil the demand of a scooter and Rs. 50,000. His daughter was harassed. Her in-laws started beating her. Bikkar Singh resident of Village Pandher informed Harnek Singh he then went to Village Pandher and the matter was settled. The in-laws of his daughter still did not desist from harassing her. Harnek Singh then brought his daughter back to his own village. Applications were made to the higher authorities with regard to the harassment being meted out to his daughter by her in-laws. Superintendent of Police, Nchala Mandal, Barnala, then called both the parties and settled the matter. Harnek Singh left his daughter and the child at Village Pandher. On 3.2.1997, Harnek Singh's son Resham Singh went to Village Pandher to bring Binder Kaur, but her in-laws refused to send her. Binder Kaur told Resham Singh that her in-laws were harassing her, for not bringing a scooter and cash. She requested her brother Resham Singh that she should be immediately taken back to her parental house, otherwise they would kill her. Resham Singh came back to Village Jandawala on 4.2.1997 and narrated everything to the family members. On the next morning Harnek Singh was to go to Village Pandher along with two persons to bring his daughter back. At about 3/4 O'clock in the morning on 5.2.1997 Harnek Singh along with his family members was present in his house when Bikkar Singh and Mohinder Singh Lambardar of Village Pandher came to Harnek Singh and told him that his daughter had been killed by administering some poisonous substance. Thereafter Harnek Singh along with his sons Nachhatar Singh and Resham Singh and Sulakhan Singh son of Harnam Singh and some other persons reached Village Pandher where they saw that his daughter was lying dead on a cot, in the house of her in-laws. Foul smell of insecticide was coming out of her mouth. After leaving some persons near the dead body, Harnek Singh along with Bikkar Singh son of Chatar Singh of Village Pandher went to the police station to inform the police. A police party met him at the canal bridge of Kotduna. Harnek Singh further stated that his daughter Binder Kaur was killed on the intervening night of 4/5.2.1997 after she was given some poisonous substance.

(3.) On the basis of this statement, F.I.R. Ex. PF/2 was recorded on 5.2.1997 at 10.15 a.m. Special report reached the S.D.J.M., Barnala on the same day at 4.45 p.m.