BALJIT SINGH Vs. STATE U T CHANDIGARH

JUDGEMENT

(1.) Baljit Singh, appellant was tried with his other relations, namely, Kartar Singh Harjit Kaur and Satya Pal Singh, under Sections 306, 304-B read with Section 34 of the Indian Penal Code with regard to F.I.R. No. 248 dated December 24, 1987 pertaining to Police Station Sector 39, Chandigarh. Whereas, co-accused of Baljit Singh have been acquitted of the charges framed against them, he has, been held guilty for commission of offences under Sections 304B, 306 and 498A of the I.P.C. and has been convicted to serve life imprisonment under Section 304B and to undergo R.I. for seven years and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo R.I. for one year under Section 306 I.P.C. and further to undergo R.I. for three years with fine of Rs. 2000/- and in default of payment of fine to further undergo R.I. for six months under Section 498A, I.P.C. All the substantive sentences have, however, been ordered to run concurrently. The Additional Sessions Judge, Chandigarh, convicted him in the manner aforesaid vide his order dated June 4, 1993, which has been challenged by the appellant in the present appeal filed by him.

(2.) The prosecution version was unfolded by Balwant Kaur, mother of deceased Kuldeep Kaur on a statement made by her on December 24, 1987 at 5.15 PM to S.I. Jagir Singh, P.W. 10. She stated that she was residing with her children at village Shamgarh Police Station Samrala, District Ludhiana and her husband was employed as Subedar in the Indian Army. He was posted in Sri Lanka. She had six children, out of whom four were daughters and two were sons. Her daughter Kuldeep Kuar, aged 20 years, was married to Baljit Singh, appellant herein in June, 1985. According to their capacity they had spent an amount of Rs. 20,000/- at the time of marriage but immediately after the marriage, husband of Kuldeep Kaur, namely, Baljit Singh, father-in-law Kartar Singh, mother-in-law Harjit Kaur and husband's elder Satya Pal Singh, started demanding more dowry from her daughter, Kuldeep Kaur. They started beating her for bringing more dowry. Her daughter complained of it many times when she came to her village and told that in case her parents were not to give more dowry, her husband Baljit Singh and other members of the family would kill her. In this way, the appellant and his co-accused sent her daughter to her village 15-20 times after giving beating to her. In this regard, she came to the in laws of her daughter at Chandigarh number of times and made every possible effort to make them to understand but they kept on harassing her daughter. About a year ago, the appellant visited the village of his wife and demanded an amount of Rs. 15,000/- from her parents. Nirmal Singh, husband of the first informant sent an amount of Rs. 1000/- by money-order to appellant Baljit Singh so that in laws might not harass her daughter. In the meantime, on receipt of an information that the in laws of Kuldeep Kaur had beaten her, she came to Chandigarh but elder brother of the husband of her daughter, namely, Satya Pal Singh had hidden her in his house and did not allow her even to meet Kuldeep Kaur. After a few days, Kuldeep Kaur came to her parents village and told that her husband Harjit Singh, father-in-law, Kartar Singh, mother-in-law Harjit Kaur and husband's elder brother, Satya Pal Singh had secured her signatures on blank papers at many places after beating her. Thereafter, the parents of the daughter did not send their daughter to her matrimonial home at Chandigarh. The appellant, however, came to their village to fetch her and in the presence of the village Sarpanch, Harpal Singh, Baljit Singh tendered an apology for his mistakes and promised that in future he would not harass Kuldeep Kaur. On this assurance, Kuldeep Kaur was sent to her in laws house at Chandigarh. Despite all this Kuldeep Kaur kept on coming to village of her parents repeatedly and narrated her woes. On the fateful day at about 2 p.m., Balwant Kaur further states in the F.I.R., her son-in-law Baljit Singh reached their village and informed her that Kuldeep Kaur was unwell. On this information, she along with her son, Daljit Singh accompanied by Baljit Singh, reached Chandigarh but found that at their house some people had gathered, who told her that Kuldeep Kaur, on being harassed, had committed suicide by setting fire on her clothes.

(3.) Kuldeep Kaur is said to have succumbed to her burn injuries on December 24, 1987 at 12 noon or 1 p.m. On the statement made by Balwant Kaur, which has been fully detailed above, First Information Report came to be registered on the same day at 5.15 p.m. and the special report reached the Magistrate at Chandigarh on December 26, 1987 at 11.25 a.m.