RAJESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction dated 17.11.2011 vide which the appellant was held guilty of offence punishable under Section 306 of the Indian Penal Code ('IPC' for short) and the order of sentence dated 17.11.2011 vide which the appellant was sentenced to undergo R.I. for 5 years and to a fine of Rs. 5,000/- and in default of payment of fine, he was ordered to undergo further imprisonment for two months.

(2.) This appeal is being pursued through legal aid counsel appointed by the High Court Legal Services Committee. The appeal was admitted on 05.01.2012 and sentence of the appellant Rajesh Kumar was suspended vide order dated 22.02.2013.

(3.) Brief facts of the case are that on 06.05.2011, SI Gurbir Singh, Incharge, Police Post Vardhman received a telephone message that a lady hanged herself at Bangi Nagar, Street No.9, Bathinda. On receiving the information, he along with his other police officials reached the spot, where he met Jasvir Singh son of Darshan Singh and recorded his statement. As per the statement, Jasvir Singh stated that he is a helper on bus of Adesh Hospital, Bathinda. They are three brothers and three sisters. His elder sister Rajji @ Nisha was aged about 28 years and was married to Rajesh Kumar @ Shunti son of Krishan Lal about 7/8 years ago. She had two children aged about 5 years and 3 years. His brother-inlaw Rajesh Kumar was a fruit vendor and was in the habit of taking intoxicant and he used to beat his sister. On 04.05.2011, his sister left her matrimonial home and came to stay with them in her parental home and on the same day, in the evening, her husband Rajesh Kumar, her father-in-law Krishan Lal and her mother-in-law Smt. Sheela Rani came there and persuaded his sister to go back to her matrimonial home and on their persuasion, she went back. On the night of 05.05.2011, his sister Rajji @ Nisha fed up with maltreatment and committed suicide by hanging herself with the hook of ceiling fan in her matrimonial home. On receiving this information, the police party reached the matrimonial home of his sister and there they came to know that her neighbours namely Rajpal Kaur and Baba Gurdip Singh along with certain other persons brought the body of his sister down from the hook of ceiling fan but she was dead. It was further stated that his sister taken this step due to the harassment given by her husband, fatherin- law and mother-in-law.