SAKATAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated April 27, 1987, passed by the learned Additional Sessions Judge, Ambala, by which Kirpal Singh, Sakatar Singh and Joginder Kaur, appellants, were convicted and sentenced as under : 1. Kirpal Singh appellant : Under Section 306/34, IPC, Seven years rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine, further R. I. for three months. Under Section 498 A/34, IPC, Two years' rigorous imprisonment and a fine of Rs. 200.00 and in default of payment, of fine, further R. 1. for one month.

(2.) SAKATAR Singh, appellant: Under Section 306/34, IPC, Four years' rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine, further R. 1. for three months. Under Section 498a/34, IPC, Two years' rigorous imprisonment and a fine of Rs. 200.00 and in default of payment of fine, further R. 1. for one month.

(3.) THE prosecution story, briefly stated, is mat Devinder Kaur (deceased) was daughter of Pritam Kaur P. W. Baldev Singh, resident of village Landran, Tehsil Kharar, District Ropar, was her father. She was married to accused Kirpal Singh in the year 1982 at Ambala City and two children were born out of their wedlock. The elder child was a female named Gurdip Kaur @ Nippi, who was 2 years of age at the time of occurrence. The younger one was a male named Ravinder @ Bablu, who was 9 months' old when the occurrence took place. The birth of both these children had taken place at the parental house of their mother at Landran. One Mohinder Singh was go-between in the said marriage between Devinder Kaur and accused Kirpal Singh. P. W. 14 G. S. Gosal, a retired IAS officer from Punjab and maternal uncle of Devinder Kaur, had not reconciled to this relationship but he had to yield to it as fait accompli. Two to three months after the solemnization of marriage, accused Kirpal Singh, his father Sakatar Singh, his mother Joginder Kaur and his sisters Palvinder Kaur, Jasvinder Kaur and Kulvinder Kaur started harassing and ill-treating, Devinder Kaur and making unlawful demand for T. V. , Scooter and Fridge. After the birth of the second child of Devinder Kaur, none from the family of her in-laws had come to see her at Landran because they were annoyed with non-fulfilment of their unlawful demand. Therefore, on the advice of G. S. Gosal PW, Pritam Kaur (P. W. 7), mother of deceased Devinder Kaur, accompanied by her elder son Jaspal Singh, visited the house of the accused at Layalpur Basti, Ambala City and assured them that their demand would be fulfilled after the harvesting of the crop. Baldev Singh, father of Devinder Kaur (deceased), was not alive by then. After the said assurance, accused Kirpal Singh visited village Landran and brought back Devinder Kaur with their two children, Nippi and Bablu, to his house at Ambala City. Devinder Kaur, however, did not receive better treatment at Ambala as she was continuously taunted and harassed for not bringing demanded articles. PW Kulwant Singh, Sarpanch of village Landran, was also told by Devinder Kaur about this unlawful demand of the accused when he happened to meet her. On May 18,1986, just four days before the occurrence, Pritam Kaur had visited Ambala to enquire about the well-being of her daughter Devinder Kaur. She noticed Devinder Kaur in tears, who could not communicate anything to her as Joginder Kaur, her mother-in-law, also happened to be there. Devinder Kaur advised her mother not to come to her in future. It is also alleged that on the death of Baldev Singh, father of Devinder Kaur, all the accused wanted Devinder Kaur to have her share in several acres of land owned by her father.