TARLOK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (1) Tarlok Singh (2) Santokh Singh (3) Ajmer Singh (all sons of Sher Singh) (4) Amarjit Kaur (wife of Santokh Singh) and (5) Harmesh Kaur (wife of Ajmer Singh) faced trial before the Additional Sessions Judge, Patiala (in Sessions Case No. 12 of 13.9.1992) under Sections 147 and 498-A of the Indian Penal Code. While appellant-Tarlok Singh faced a charge under Sections 302 of the Indian Penal Code also, the other appellants were charged under Section 302 read with 149 of the Indian Penal Code for having caused the death of Surinder Kaur (wife of one of the appellant-Tarlok Singh). All the appellants were convicted under Section 147 I.P.C. and sentenced to Rigorous Imprisonment for six months. Appellant-Tarlok Singh was convicted under Section 302 IPC. and was sentenced to undergo imprisonment for life, to pay a fine of Rs. 500/- and in default to further undergo Rigorous Imprisonment for six months, while the other appellants were convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to undergo imprisonment for life, to pay a fine of Rs. 100/- and in default to further undergo rigorous imprisonment for three months. However, all the appellants were acquitted of the charge under Section 498-A of the Indian Penal Code.

(2.) THE case of the prosecution in brief is as follows :- Surinder Kaur (deceased) was married to appellant-Tarlok Singh. Three-four months after the marriage Tarlok Singh, who was working as a teacher, was placed under suspension, and on enquiry Surinder Kaur came to know that Tarlok Singh was earlier married to Charno and that Tarlok Singh was facing a charge of having murdered her. To pursue that case Tarlok Singh wanted Surinder Kaur to arrange for a scooter for him. Surinder Kaur informed her brother-Darbara Singh and mother-Santo about this, and her parents gave a scooter to Tarlok Singh. About a year prior to the occurrence (the occurrence took place on 25.3.1992) Tarlok Singh quarrelled with Surinder Kaur and asked her to bring money from her parents. Surinder Kaur came to her house at village Heeran and gave birth to a female child. Thereafter Santo, mother of Surinder Kaur, invited Tarlok Singh to her village and Tarlok Singh was assured by the brother and mother of Surinder Kaur that they would continue to help him financially according to their capacity. Tarlok Singh brought Surinder Kaur and her daughter to Nabha were they lived.

(3.) SURINDER Kaur came to her parental home and informed about this to her mother and brother, on which they, accompanied by Bhajan Singh (Sarpanch) and Jagir Singh residents of that village, brought Surinder Kaur to Nabha, where in the presence of his brothers, Harnek Singh (PW 7) and others upbraided Tarlok Singh and Harmesh Kaur. Tarlok Singh undertook that he would not indulge in any such activity in future, and Surinder Kaur started living with him.