SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 18.7.1997 passed by Additional Sessions Judge, Patiala, in Sessions Case No. 7 of 27.2.1987 (FIR No. 75 of 16.9.1986 of Police Station, Dera Bassi, under section 306 of the Indian Penal Code) whereby he convicted Satnam Singh, Raghbir and Mrs Geeta (appellants herein) under section 306 of the Indian Penal Code and sentenced them to undergo RI for five years each. In addition, he sentenced Satnam Singh and Raghbir Singh to pay fine of Rs. 1000/- each or in default to undergo further RI for a period of six months each. He sentenced Geeta to pay a fine of Rs. 500/- or in default to undergo further RI for three months. He directed that amount of fine if realised shall be paid to the father of deceased Smt. Bimla.

(2.) PROSECUTION case briefly stated is as follows :- Smt. Bimla daughter of Sukhdev Singh was married to Satnam Singh about 1 years prior to 15.9.1986. Raghbir Singh and Ms Geeta appellants are Satnam Singh's father and mother respectively. They are residents of village Sanauli while Sukhdev Singh PW is the resident of village Manjatri. Puran Chand is the husband of Geeta's sister. Puran Chand had brought about the matrimonial alliance between Bimla and Satnam Singh. According to Sukhdev Singh, he had given dowry commensurate with his financial capacity. The marriage of another son of Raghbir Singh named Jit Singh took place on the day following the day of Bimla's marriage to Satnam Singh. In the marriage of Jit Singh, the parents of Jit Singh's bride had given ear-rings to Geeta accused and a ring to Raghbir Singh accused. Sukhdev Singh had not given any ear-rings to Geeta or ring to Ragbhir Singh. Soon after the marriage of Bimla to Satnam Singh, dissatisfaction arose in the mind of Satnam Singh, Raghbir Singh and Ms Geeta as according to them Bimla had not brought adequate dowry in marriage. On the 15th day of the marriage of Bimla with Satnam Singh, Bimla returned to the house of her parent along with her husband Satnam Singh. Satnam Singh left for his village leaving Bimla behind with her parents at village Manjatri. A few days thereafter Satnam Singh began visiting the house of his wife's parents and requested his father-in-law to send Bimla to the matrimonial home. Bimla was sent to the matrimonial home about a month after she had been left there by her husband. She was sent to the matrimonial home per the request of her husband Satnam Singh. She stayed there for about four months. Appellants harassed, illtreated and taunted Bimla during that period of her stay in the matrimonial home. Harassed by their taunts and illtreatment, she returned to her parents house. She told her father Sukhdev Singh that her father-in-law was demanding ring and her mother-in-law was demanding ear-rings. She further told her father Sukhdev Singh that her husband had been illtreating her and giving her beatings. About four months prior to 15.9.1986, Satnam Singh, his father Raghbir Singh accompanied by Puran Chand went to the hose of Sukhdev Singh and requested him to send Bimla with them to the matrimonial home. Sukhdev Singh convened panchayat consisting of people including Joginder Singh Sarpanch, Bhajan Singh and Jawala Singh Panch. Sukhdev Singh told the panchayat about harassment, illtreatment to which his daughter had been subjected to in the matrimonial home by her husband, father-in-law and mother-in-law during her stay with them. Assurance was given to him by Puran Chand that he would see that his daughter was not harassed or illtreated by her husband, father-in-law or mother-in-law and that he should send his daughter to the matrimonial home with them without any fear of her being illtreated or harassed in the matrimonial home. His daughter, however, felt apprehensive of foul play at the hands of her husband and his parents. She told the Panchyat that if she went to the matrimonial home, they might kill her because of persistent demand for ear-rings and ring for her in-laws and her corresponding inability to fulfil their demand. She declared in the panchayat that she might feel compelled to commit suicide if she was forced to go to matrimonial home. She was sent to the matrimonial home on intervention of the panchayat supplemented by the assurance given by Puran Chand.

(3.) CASE was committed to the court of Sessions at Patiala.