DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DALIP Singh, his wife Sahib Kaur, daughter Gurwant Kaur, and his two sons, namely, Gurwant Singh and Narinder Singh were convicted by the learned Sessions Judge, Gurdaspur, under Section 306 of the Indian Penal Code. Dalip Singh, Gurwant Singh and Narinder Singh were sentenced of five years' rigorous imprisonment and a fine of Rs. 500/- each, or in default to undergo further rigorous imprisonment for five months. Gurwant Kaur and Sahib Kaur were sentenced to two years' rigorous imprisonment and a fine of Rs. 500/- each; or in default to undergo further rigorous imprisonment for five months vide his order dated 5.9.1985. Feeling aggrieved thereby they have filed this appeal.

(2.) A day prior to the death of Sarbjit Kaur, her brother Rajwant Singh visited her in-laws' village. He came back in the evening and informed his father Gulzar Singh that Sarbjit Kaur was being tortured by the appellants. Gulzar Singh, on getting information from Rajwant Singh, about the ill-treatment to her daughter Sarbjit Kaur, went to the village of the appellants along with Mohan Singh, Virsa Singh and Manohar Singh. They all reached the house of the appellants at about 11.30 A.M. The appellants were sitting outside their house on cots. Gulzar Singh found that Sarbjit Kaur was hanging with a turban around her neck being tied with the hook of the ceiling fan. On seeing all this Gulzar Singh rushed towards the police station to inform the police. A police party met him near Aliwal bridge and his statement Exhibit PD was recorded by Sub Inspector Parkash Singh. On the basis of this statement, F.I.R. Exhibit PD/2 was registered in the police station by M.H.C. Satwant Singh.

(3.) THE appellants were examined under Section 313, Criminal Procedure Code, to enable them to explain circumstances appearing against them in the prosecution evidence. They admitted their relationship and also admitted that Sarbjit Kaur was married to Gurwant Singh appellant. They denied all other allegations and pleaded their innocence.