BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of the present Appeal (Criminal Appeal No. 85-SB of 1985) and the connected Criminal Revision No. 470 of 1985, as both emanate from the same judgment of the Sessions Judge, Jullundur.

(2.) Balbir Singh appellant was convicted by the Sessions Judge, Jullundur under section 498-A of the Indian Penal Code, and was sentenced to three years Rigorous Imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to undergo further Rigorous Imprisonment for six months. The appellant was, however, acquitted of the charge under section 306, Indian Penal Code. The mother of Balbir Singh, namely, Pritam Kaur was also tried along with him for the charge under section 306, Indian Penal Code, but she was acquitted of the said charge. Criminal Appeal No. 85- SB of 1985 has been filed by Balbir Singh with a view to impugn his conviction and sentence aforesaid. Criminal Revision No. 470 of 1935, on the other hand, has been preferred by Santokh Singh complainant, with a prayer that the acquittal of Balbir Singh under section 306. Indian Penal Code, be set aside, in other words he should be punished for the said offence. At the motion Stage in the Revision petition, notice was issued only in regard to compensation to be paid to the heirs of the deceased and the Revision petition was ordered to be heard along with the Appeal filed by Balbir Singh.

(3.) The prosecution version as depicted by Santokh Singh (P.W. 2), deceaseds sisters husband, in the First Information Report lodged by him is that the marriage between Balbir Singh appellant and Parminder Kaur alias Pammi deceased was solemnised three or four years before the occurrence. About four months prior to the occurrence, Parminder Kaur was beaten by the appellant and his mother as a result of which she suffered some fracture of the right wrist and the left ankle. Parminder Kaur went and complained about the maltreatment of the two accused to her sisters husband Santokh Singh P.W., i e. the informant. It was alleged that the said Santokh Singh made a verbal complaint to Gurcharan Singh Sarpanch of the village and after both the accused were called by the Panchayat, Parminder Kaur was asked to go to the house of her parents for a month and thereafter the appellant was to go there and bring her back. It is stated that the appellant did go to the house of his in-laws after about a month but he abused his in-laws and took away his minor son aged two years with him. Santokh Singh P.W, claims to have made another complaint to the Village Panchayat in which the father of the appellant apologised. Thereafter, Parminder Kaur was brought from the house of her parents to that of the appellant. However, the allegation goes that both the accused again gave a beating to Parminder Kaur, but the matter was got settled by the Panchayat.