DEVI DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed by Devi Dass son of Bhagwan Dass and is directed against the judgment passed by Sessions Judge, Hoshiarpur, dated 21.12.1998 whereby accused Karam Chand, Sital Kaur, Gurdev Ram and Balbir Kaur have been acquitted. Devi Dass is father of deceased-Raj Kumar, whereas accused Karam Chand is father-in-law, Sital Kaur is mother-in- law, Gurdev Ram is co-brother and Balbir Kaur is wife, of deceased-Raj Kumar, respectively.

(2.) THE facts of the case are that on 22.7.1996, Devi Dass made a statement to ASI Raj Kumar to the effect that his elder son Raj Kumar, who was working as a Mate in the Municipal Committee, was married about two years back with Balbir Kaur. On the said day, while the complainant-petitioner was present at his house, Munish Kumar son of Om Parkash came and told him that Raj Kumar had been admitted to Civil Hospital, Hoshiarpur whereupon, Devi Dass along with his wife-Gurdip Kaur went to the Civil Hospital at about 10.45 a.m. Raj Kumar was lying in the Emergency Ward and the doctors were giving treatment. Raj Kumar is stated to be in semi-conscious condition at that time. It has been stated by Devi Dass (complainant) that some time thereafter, when Raj Kumar, his son, regained consciousness, he informed him that he had gone to his in- laws house on 19.7.1996 and last night (night of 21/22.7.1996), he was asked by the accused to take liquor and to eat meat but he refused. They again insisted him to do so and also used abusive language, they also gave him beatings but he neither took liquor nor at meat. In the morning, when Raj Kumar was about to leave, he asked his wife to give her urine sample for testing because due to arbortion five months ago, there was puss formation in the womb. Balbir Kaur, accused, refused to give the urine sample and all the accused abused Raj Kumar and threatened to kill him in case he dared to come to their house again. It is stated by Devi Dass that Raj Kumar came from the house of the accused (his in-laws) to attend to his duty in the Municipal Committee. On account of harassment at the hands of his in-laws, Raj Kumar, his son, had taken some poisonous substance and when his condition was serious, his colleagues got him admitted in the Civil Hospital, where he died at 7.15 p.m. on 22.7.1996. The complainant-petitioner has further stated that during the period Balbir Kaur remained at Village Barian Kalan, her parents- Karam Chand and Sital Kaur, had threatened them 9/10 times in the presence of the Panchayat.

(3.) THE prosecution, in order to prove the charge, examined as many as 10 witnesses. Of the 10 witnesses, Avtar Singh, PW-8, was declared hostile and was cross-examined by the Public Prosecutor. The Investigation witnesses are SI Jagtar Singh and ASI Raj Kumar, PW-9 and PW-10, respectively.