HARDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants, Hardeep Shigh, his father Inder Singh and mother Baljit Kaur, have filed the instant appeal challenging the order of conviction and sentence recorded against them by the Sessions Judge, Ferozepur, vide his judgment dated October 6, 1994, who held that the prosecution had been able to prove its case against Hardeep Singh accused for an offence punishable under Section 302 of the Indian Penal Code and against Inder Singh and Baljit Kaur accused for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and under Section 498-A of the Indian Penal Code against all the three accused-appellants herein. They were held guilty as such and whereas, Hardeep Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default whereof to further undergo RI for six months under Sections 302 of the Indian Penal Code, Inder Singh and Baljit Kaur were sentenced to undergo imprisonment for life each and to pay a fine of Rs. 500/- each, in default ' whereof to further undergo RI for six months each under Section 302 read with Section 34, IPC. All the appellants were further sentenced to undergo imprisonment for three years each and to pay a fine of Rs. 200/- each, in default whereof to further undergo RI for two months each, under Section 498-A, IPC. All the sentences were, however, ordered to run concurrently.

(2.) THE prosecution version was unfolded by Mukhtiar Kaur, real sister of deceased Daljit Kaur, who died of poisoning on August 2, 1992 at 8 a. m. in Village Ghanga Khurd, Police Station Sadar Jallalabad. The statement of Mukhtiar Kaur was recorded on the same day i. e. August 2, 1992 but at 4. 30 p. m. by Malkiat Singh, ASI at bus stand. Mukhtiar Kaur stated that she was resident of Village Ghanga Khurd was married with Kabal Singh son of Hamam Singh about 18 years ago. It is she who had arranged the marriage of her younger sister, Daljit Kaur @ Bindro with Hardeep Singh son of Inder Singh about seven years back. After about one year of the marriage, her sister gave birth to a son, who had died after four days. Thereafter, no other child was born. For the last about one year, Hardeep Singh, Inder Singh and her mother-in-law Baljit Kaur used to ask her sister to bring more dowry and used to create trouble on that count. Her parents, at the time of marriage, had given to her 8 tolas of gold, television, two boxes, two buffaloes and double bed etc. There was marriage of Bindro, her sister's husband's sister and at that time her sister had gone to her parental house at Village Nurpur Machhiwara, Police Station Zira. Her sister was not brought even at the time of marriage. The dowry articles of her sister, which were given by her parents at the time of marriage, were given to her sister-in-law Bindro by her sister's husband Hardip Singh. Later on, a panchayat had come from her parental side in which Raj Singh, Sarpanch of Ghulewala, who was her mother's sister's husband, had also come and enquired as to why the appellants had not brought the girl. The in-laws of her sister and her husband Hardeep Singh told that two buffaloes and 2-3 tolas of gold, out of gold which was given by them, had been given in dowry to their daughter (Bindro, sister of Hardeep Singh ). The same should be given to them and only then they would bring the girl. Her parents had brought and given two buffaloes and gold and then they brought the girl. Now they were saying to her for the last about 2-3 months to bring a Fridge from her parents. Her sister Bindro had told her that the appellants used to harass her for not bringing Fridge and they gave her beating also. She came and made entreaties before her sister's husband that her parents were poor persons, and that they were not in a position to give Fridge. She went to her parental village and discussed the demand of Fridge with her brothers, Rachhpal Singh, Amrik Singh and Hardial Singh. They told her that she should go and implore as they could not give Fridge. Thereafter, her brothers, Raj Singh Sarpanch and other respectables of her village in the shape oipanchayat had come to advise her brother-in-law and his parents that they should not demand more dowry. On the eventful day, at about 8 a. m. , she alongwith her husband Kabal Singh and wife of elder brother of her husband, Jagir Kaur were passing through the street near the house of Hardeep Singh for their domestic work. She heard the shrieks of her sister, Daljit Kaur. They all entered inside by running and saw that mother-law of her sister, Baljit Kaur, had caught her sister from her legs, father-in- law Inder Singh, from her arms and her brother-in-law, Hardeep Singh, after putting insecticide, meant for spray, in the receptacle (Batti), was pouring the same into her mouth. She tried to snatch the receptacle by running but by that time, the insecticide had already been poured into her mouth. They all got released her sister from their clutches. Receptacle and box of insecticide were lying on the spot. She enquired from her sister as to what had happened. Her sister told that today again, the quarrel had taken place on account of the inability of her parents to give dowry. When her sister (Daljit Kaur) expressed her inability of her parents in meeting the demand of the appellants, they told, "to-day the daily disputes be finished. " They caught hold of her forcibly and put insecticide into her mouth. Within her sight, her sister Daljit Kaur died. She had sent Major Singh, son of elder brother of her husband, to her parental Village Nurpur Machiwala, Police Station Zira for conveying the message. On their arrival, she alongwith her brother Amrik Singh and her mother's sister's husband, Raj Singh, was going to the Police Post for lodging a report but when they were going to the Police Post, Malkiat Singh ASI met them, before whom she made statement at the bus stand. As mentioned above, on the statement of Mukhtiar Kaur, an F. I. R. was recorded by Malkiat Singh, ASI at 430 p. m. on August 2, 1992 and a special repbrt was received by the Magistrate concerned on August 3, 1992 at 7 a. m.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the appellant stated that they were innocent. Daljit Kaur, wife of appellant Hardeep Singh, used to remain under depression as she could not bear her child and under attack of depression, she consumed something, as a result of which, she died and they had been falsely implicated in the case in order to harrass them. The appellants led no evidence in defence.