SUKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused, namely, Sukhbir Singh, his father Balbir Singh, mother Harbhajan Kaur and sister Jasbir Kaur were charged under Sec. 120-B IPC having agreed with each other to do an illegal act, wit to commit the murder of Amrit Kaur by beating and giving poison to her. They were also charged under Sec. 302 IPC for committing murder by causing death of Amrit Kaur. Vide judgment and order dtd. 21/22/10/2009, learned Sessions Judge, Fatehgarh Sahib acquitted Jasbir Kaur accused of the charges against her. The appellants were convicted under Sec. 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for six months. They were also convicted under Sec. 120-B IPC and sentenced to undergo imprisonment for two years and to pay a fine of Rs.5,000.00 each and in default of payment of fine, to further undergo rigorous imprisonment for three months. Both the sentences of imprisonment awarded to them were ordered to run concurrently.

(2.) Aggrieved of their conviction and sentence, the appellants filed the present appeal, which stands admitted and notice issued to the State. Trial Court record has also been requisitioned.

(3.) According to the prosecution, on 24/3/2004 at about 6.30 p.m., SI Hans Raj, Station House Officer, Police Station Khamano was present at Bus Stand of Khamano in connection with patrolling, where Gurpal Singh son of Bant Singh resident of village Manupur, Police Station Sadar, Khanna, father of deceased Amrit Kaur came and got recorded his statement to the effect that he was residing at the above-said address and an agriculturist. Besides, he was running shops at Bus Stand of Barwali Khurd, which were owned by him. He had seven children, five of them were daughters while two were sons. His daughter Amrit Kaur @ Bhupinder Kaur was married to Sukhbir Singh son of Balbir Singh, resident of village Barwali Khurd for the last 8/9 years. He had been receiving information regarding maltreatment and beating of his daughter in her matrimonial home by her husband. Being father of the girl, he kept mum. About a year back, his son-in-law Sukhbir Singh came to his shop at Barwali Khurd and proclaimed that he had beaten his daughter. Despite this, he kept quiet. Later on, his daughter Amrit Kaur told him that she was insulted and beaten by her husband. When he went to her house, he noticed many injuries on her body. His daughter also told him that her husband Sukhbir Singh, father-in-law Balbir Singh, mother-in-law Bhajan Kaur and sister-in-law Bholi had been maltreating her and they have been instigating Sukhbir Singh to beat her. He collected his relatives. On this, Sukhbir Singh assured him that in future his daughter would be kept in the matrimonial home properly and she would not be given any beating. Once again, Sukhbir Singh gave beatings and maltreated his daughter. The complainant called the relatives of Sukhbir Singh but they did not come. On 22/3/2004, the complainant's daughter Jaswinder Kaur told him about receiving a telephone call from Amrit Kaur that her husband Sukhbir Singh was threatening to kill her. On that day, at 2.30/3.00 p.m., Balbir Singh and Jit Singh resident of Barwali Khurd told the complainant after coming present at his shop at Barwali Khurd to reach the residence of his daughter at Barwali Khurd immediately. He reached the house of Sukhbir Singh and saw dead body of his daughter lying on a cot. He was fully convinced that his daughter Amrit Kaur after being harassed and beaten by her husband Sukhbir Singh, father-in-law Balbir Singh and mother-in-law Bhajan Kaur and sister-in-law Bholi had ended her life by hanging herself. Accordingly, he prayed for taking appropriate action.