ANIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Harjit Kaur wife of the appellant hanged herself to death on January 8, 1985, in her rented house at Phaagwara. He has been accused and convicted of an offence under section 306, I.P.C. for having abetted her to commit suicide. They were married on July 1, 1984. The prosecution version as disclosed by its star witness Bachan Singh, P.W. 2, father of the deceased, is as follows.

(2.) On January 8, 1985, be came from Patiala to see his daughter. Since the door of her room was not chained from inside, he opened it and to his amazement, saw her hanging from a ceiling fan with a piece of cloth tied around her neck. She was dead at that time. He went to the police station. Phagwara and lodged the FIR., Exhibit PE at 5 p m. The police party including the S.H.O came to the snot and removed the dead body from the fan after getting it duly photographed. Inquest Report Exhibit PC was prepared. At that time the police people took into possession a note book, Exhibit P. 1 and 26 empty bottles and nips of liquor vide memo Exhibit :PP. A handwritten note Exhibit PG (8 pages of diary Exhibit P. 1) which was lying there, was also taken into possession vide memo Exhibit PH. This note was dated January 6, 1985 It was in the hand of the deceased and he identified the same. He had also received letter Exhibit PK from the deceased. It bears the dated Jan. 3, 1985. This letter was found on January 9, 1985, from the room where the occurrence had taken place when he collected the articles, which he had given to the deceased at the time of marriage. Another letter Exhibit PL along with the envelope Exhibit PM meant for registered letters was also recovered from that every room on that every day. He gave these letters, i.e., Exhibits PL and PK to the police on that very day. i.e., January 9, 1985. He also handed over telegram, Exhibit P0, purported to have been sent by the deceased and received by him at Patiala on January 6, 1985, to the police. All these documents were taken into possession by the police vide memo Exhibit PN. Letter Exhibit PL though was in the hand of his son Ravinder Singh, yet was written at his instance on January 1, 1985 to his son-in-law, i.e., the appellant. He also handed over a written slip Exhibit P0 to the police on January 13. 1985. It was in the hand of the deceased and as per its contents, appeared to be her last writing. He identified her signatures on the acknowledgement receipt Exhibit PQ. The same was handed over to the police vide memo Exhibit PR. He further deposed that the appellant was a drunkard and used to mal-treat his daughter, i.e., the deceased. The deceased had also complained all about it to him. At one stage he appellant was demanding Rs. 3000/- and on that account gave her beatings. He, however gave this amount to the appellant after about three months of the marriage. Again after about two months thereof the appellant started behaving in the same fashion with a view to compel her to buy a scooter for him. As a matter of fact on December 30, 1984, the appellant and his brother came to the house of Manjit Kaur, P.W.3, a neighbour of this witness and he was called there. There the appellant asked him to either give Rs. 3000/-or to purchase a scooter for him. At that time his son Ravinder Singh was also present. He, i.e. Bachan Singh promised to pay the price of the scooter after about 7/8 days. It was in response to telegram Exhibit PD dated January 6, 1985 from his daughter that he came to Phagwara on January 8, 1985 and that is bow he came to know about the crime.

(3.) At the trial the above noted version of his was supported by Manjit Kaur, P.W. 3 to the extent that the appellant along with his brother had come to her house at Patiala on December 30, 1984, where P.W. 2 was called and told that he should either pay the price of a scooter to the appellant or arrange for the lame. Besides these P. Ws, the Investigator. i.e. Anant Ram, Inspector, appeared as P.W. 5 to give the necessary details of the investigation conducted by him.