GIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KULVINDER Kaur alias Sukhjit Kaur deceased was daughter of Parshan Singh and was married in the year 1983 to Bhupinder Singh appellant. Gian Singh and Parkash Kaur appellants are father and mother respectively of Bhupinder Singh appellant. Dowry, according to capacity consisting of clothes, ornaments, utensils, furniture etc. was given at the time of marriage. After about one week of the marriage, Parshan Singh and Ajmer Kaur his wife went to see their daughter at her in -laws place and they had taken some clothes for their daughter, their son -in -law and his mother. Kulvinder Kaur was being ill -treated by her mother -in -law and father -in -law. Parshan and Ajmer Kaur were clearly told that the marriage party was not treated properly and on that they returned to their village. Thereafter Gian Singh, father -in -law of Kulvinder Kaur left for Dubai and Parshan Singh and his wife again went to see their daughter on the occasion of Lohri falling in the year 1985. Some more clothes were taken by them but the same were thrown away by the mother -in -law of Kulvinder Kaur saying that these were not according to their status. The turban meant for Bhupinder Singh was also returned to them. Bhupinder Singh appellant insulted them and the mother -in -law of Kulvinder Kaur and Bhupinder Singh started maltreating their daughter who came to their parents' villages and told them about the ill -treatment by her in -laws on the pretext that she should bring Darauja (custom to bring articles from parents, house including clothes). Parkash Kaur appellant then came to the village of Parshan Singh and Kulvinder Kaur was sent along with her by offering Darauja consisting of two woollen beds, two suits meant for Parkash Kaur, three suits for sisters of Bhupinder Singh and four suits and clothes for Bhupinder Singh. Parkash Kaur did not allow Bhupinder Singh to come to his in -laws village. In March, 1984 Kulvinder Kaur came to her parents' village and told them that her mother -in -law has asked her to bring Rs. 10,000/ - from her parents so that Bhupinder Singh could be sent abroad. Parshan Singh accompanied his daughter to her in law's village to inform that he was not in a position to pay such a heavy amount. Bhupinder Singh and Parkash Kaur appellants started maltreating their daughter and about 4 months' prior to the death of Kulvinder Kaur, Gian Singh appellant returned from Dubai and he along with Parkash Kaur appellants came to the village of Parshan Singh. At that time, it is said, Parshan Singh, his wife Ajmer Kaur, his brother Darshan Singh and Sukhwant Singh, member Panchayat were present in their house. Gian Singh and Parkash Kaur asked them to give Rs. 10,000/ - so that Bhupinder Singh also could be sent abroad. Parshan Singh and Ajmer Kaur made entreaties that the amount could not be arranged but the in -laws of Kulvinder Kaur were adamant and remarked they would not allow Kulvinder Kaur to live if the said amount could not be arranged. Gian Singh thereafter left for Dubai and returned after a month or so prior to the death of Kulvinder Kaur.

(2.) ON 27th October, 1984 at about 10/11 p.m. Resham Singh who was go between for the marriage of Kulvinder Kaur with Bhupinder Singh came to Parshan Singh and told him that he along with Banta Singh Hakim had gone to the house of Kulvinder Kaur to get her medically examined. Reshan Singh was told by Kulvinder Kaur that she has no purpose for living and that she had taken poison because of ill -treatment by her husband, mother -in -law and her father -in -law and that he should arrange more dowry. Reshan Singh also told Parshan Singh that Gian Singh, Bhupinder Singh and Parkash Kaur appellants were present in the house and Resham Singh had informed Gian Singh that they had not done well on their part and that they should take the deceased immediately to the Civil Hospital. On the next morning Parshan Singh, Jagtar Singh, Resham Singh and Balbir Singh came to the Civil Hospital, Jalandhar to enquire about the condition of Kulvinder Kaur but before their arrival, she had died.

(3.) KULVINDER Kaur had been taken by Parkash Kaur to the Civil Hospital, Jalandhar and before they reached there she was found to be dead and in that respect ruqa Exhibit P.D. by Dr. Iqbal Singh, Medical Officer, Civil Hospital, Jalandhar was sent at 7.30 p.m. on 27.10.1984 to the police station, mentioning therein that a dead body of a female Sukhjit Kaur aged 23 years had been brought to Civil Hospital, Jalandhar in an alleged case of poisoning. In this ruqa the name of Sukhjit Kaur refers to Kulvinder Kaur as alias. As a matter of fact time of death is not clear from the record and it may be that Kulvinder Kaur died in the village itself. On 28th October, Parshan Singh went to the Civil Hospital and his statement Ex. PG was recorded by A.S.I. Janak Raj of Police Station, Saddar, Jalandhar at 8.30 a.m. Thereafter a case under Section 306, Indian Penal Code, was registered on the said statement vide FIR Exhibit, PG/2. The A.S.I. Janak Raj prepared the inquest report and sent the dead body for autopsy. According to the post -mortem examination, there was no mark of external injury and the cause of death was to be disclosed after the receipt of Chemical Analyst's report and after that report was received the cause of death was held to be dust to Organo Phosphoric compound and report Exhibit P.C. regarding this was given by the Medical Officer. Shri Janak Raj ASI PW -6 went to the Hospital on 21st October, 1984 and found the dead body lying there but nobody was present near the same. Statement of Parshan Singh was recorded on 28th October, 1984 as mentioned above. During trial prosecution examined Dr. Iqbal Singh PW -1, Parshan Singh PW -2, Resham Singh PW -3, Banta Singh PW -4, Sukhwant Singh PW -5 and Janak Raj ASI PW -6 and after examining these witnesses, the prosecution closed its case. Affidavits of Harbhajan Singh Constable and Ved Singh M.H.C. were tendered in evidence as PWs 6 and 7 (the affidavits have been wrongly marked as PW -6 and PW -7 and the same should have been marked as PW -7 and 8). After recording the statement of the accused -appellants Dr. Gurbaksh Singh, a private Medical Practitioner was examined as PW -1 and he stated that Kulvinder Kaur deceased was brought to him by Parkash Kaur appellant on 27th October, 1984. Glucose and some injections were given to her. Charan Das DW -2 is a clerk of an Advocate and Ranjit Singh DW is a neighbour of the appellant.