AMARJIT KUMAR AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The aforesaid two appeals have been directed against the judgment dated 15.03.2003 rendered by learned Addl. Sessions Judge (Fast Track Court), Ferozepur, whereby the appellants -accused were held guilty for commission of offence under Sec. 306 of Indian Penal Code (for short 'IPC'). Vide order of sentence of even date, each one of the accused was sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 1,000/ - each. In default of payment of fine to further undergo rigorous imprisonment for 6 months each.

(2.) Brief facts of the case are like this; that Ashok Kumar -complainant lodged a report with the police on 03.12.2000 stating that he is a labourer. They are five brothers and sisters. His younger sister Reena is married to Maya Dass at Ludhiana. Younger to her namely Reeta is married to Amrit Masih at Ferozepur. Next one Ranjana is married to Symon at Panchkula whereas his youngest sister namely Manju was residing with him in House No. 109, Church Road, Ferozepur Cantt. Both are unmarried. His parents have already died. Pardeep Kumar @ Bobby (appellant) is residing with his uncle Amarjit Kumar son of Suraj Parkash and aunt (Bhua) namely Sunita @ Babbly, daughter of Suraj Parkash, in Kothi No. 109, Church Road, Ferozpur Cantt adjoining to his residence. Pardeep Kumar was on visiting terms with them. Manju fell in love with him. They loved each other very much. He came to know about it a few days ago. His sister Manju and Pardeep intended to marry each other but uncle Amarjit Kumar @ Nannu and aunt Sunita @ Babbly were not happy with this proposal. They used to taunt Manju. Pardeep Kumar refused to marry her about a week ago. On 12.02.2000, he had gone to his sister Reeta's house and stayed there, that night. When he came back to his house the next morning and opened the gate of the house, he found that his sister Manju had committed suicide by hanging herself. He raised hue and cry. On hearing his cries, neighbourers, respectables and relatives collected there. His sister Manju committed suicide as Pardeep Kumar, Sunita and Amarjit did not want that marriage of his sister be performed with Pardeep Kumar. They used to taunt and defame his sister, so Manju committed suicide during the intervening night of 2/3 -12 -2000.

(3.) On this report, case was registered. Formal FIR was recorded. Police along with other police officials, complainant Ashok Kumar, Amrit and Barkat Masih had gone to the place of occurrence and prepared the rough site plan of the spot. Photographs of the spot were obtained. Inquest report was prepared. Post -mortem of dead body of Manju was got conducted. Three letters written by Manju, an exercise book and small table were taken into police possession from the place of occurrence vide separate memos in the presence of witnesses. Case property was deposited with the MHC of the police station. Accused Pardeep Kumar was arrested on 11.12.2000. Statements of witnesses were recorded. Accused Amarjit and Sunita were found innocent during investigations. Though, initially challan was put up in the Court against accused Pardeep Kumar but later on accused Amarjit and Sunita also faced trial being an additional accused.