HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is Criminal Appeal directed against the judgment and order dated May 30, 1996 passed by the Sessions Judge, Rupnagar whereby he convicted Harjit Singh-appellant under Sections 498-A and 304-B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000.00 and in default of payment of fine to undergo further imprisonment for three months on the first count and to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000.00 and in default of payment of fine to undergo rigorous imprisonment for nine months on the second count. He acquitted co-accused Swaran Kaur. He directed the sentences to run concurrently.

(2.) THE prosecution case briefly stated is : Smt. Surinder Kaur daughter of Harbans Singh was married to Harjit Singh on 8. 11. 1992. Harbans Singh was employed in the Railways in U. P. He hailed from Village Khad, Tehsil Una. After her marriage he came to Village Khad twice or thrice. He came to know that Surinder Kaur was being harassed by Harjit Singh and his mother Swaran Kaur as they were not satisfied with the dowry which she had brought in marriage. Surinder Kaur was putting up with her maternal uncle at Village Kariala since her childhood. She was married by her maternal uncle who gave her dowry befitting his financial capacity. Surinder Kaur went to her maternal uncle Joginder Singh three months after marriage and told him that her husband and his mother were harassing her and taunting her as they were not satisfied with the dowry brought by her and they were asking for more dowry. Thereupon, Joginder Singh and his wife Bhupinder Kaur went to Village Majara to Harjit Singh and his mother and advised them not to harass and taunt Surinder Kaur and also not to lay any demand for dowry. On 21. 6. 1993, Smt. Surinder Kaur again went to Village Kariala to her maternal uncle. She told her maternal uncle and aunt that she was being harassed and taunted to an unbearable extent and that it was not conducive for her to keep staying with her husband and his mother. Joginder Singh and his wife Bhupinder Kaur went to Harjit Singh to Village Majara along with Surinder Kaur. They advised Harjit Singh and Swaran Kaur not to ill-treat, harass or taunt Surinder Kaur and not to lay any demand for dowry. Behaviour of Swaran Kaur and Harjit Singh with them was quite cold. They did not show any regard or feeling for them. They returned to Village Kariala the same day after advising Harjit Singh, Surinder Kaur and his mother.

(3.) CASE were committed to the Court of Sessions by Sh. Sukhdev Singh, Judicial Magistrate 1st Class, Anandpur Sahib vide order dated 7. 10. 1993.