GURDIAL SINGH AND ANOTHER Vs. STATE

JUDGEMENT

(1.) The learned Sessions Judge convicted Inder Singh, Gurdial Singh and Smt. Kartaro the first of them under Section 363, Indian Penal Code, and the following two under Section 368, Indian Penal Code, and sentenced each one of them to one year's rigorous imprisonment. They have filed appeal Nos. 774 and 656 of 1967 against the above which shall stand disposed of by this common judgment.

(2.) The prosecution story may be stated, Smt. Satwant Kaur PW-3 in the month of October, 1965, used to live with her father Budh Singh PW-4 and brother Surjan Singh PW-5 in village Khosa Pando. her mother had died some time back. She was in love with one Surinder Singh whose father was married in her village. On or about 12th October, 1965, she was writing a letter to him when her brother Surjan Singh PW-5, who was illiterate, turned up. He snatched the letter from her and enquired as to what she had written. She replied that it was a poem. Thereupon he slapped her and took the letter with him and said that he would not leave the matter here but would kill her. Smt. Satwant Kaur got alarmed and in order to save her life went to her uncle Inder Singh accused's house which was situate closely. She narrated him the whole story and requested that she might be taken to her mother's sister who, she thought, would bring a reapproachment between her and Surjan Singh. Inder Singh asked her to wait in the turi wala kotha as he intended taking her to his mother's sister on the following day. She stayed there for some time when Inder Singh accused again went to her and said that Surjan Singh suspected that she was in his house and that in order to avoid this incident he would take her to his own relations. After two days he escorted her to Smt. Kartaro's (accused) house in village Fatehgarh. Gurdial Singh accused was also present there. Inder Singh returned to his house. On the following morning which was Friday Smt. Kartaro took Smt. Satwant Kaur to her parent's house in village Akaliawala but they returned from there on the next morning. Smt. Satwant Kaur was kept under strict watch for about 11 days. Inder Singh visited village Fatehgarh, during this interval and told Smt. Kartaro to detain Smt. Satwant Kaur properly as she was likely to make money out of her. Smt. Satwant Kaur heard him saying so and hence requested him not to spoil her life. Then he promised to take her to her mother's sister's house after two days.

(3.) Budh Singh PW-4 after searching for his minor daughter for three to five days lodged the first information report at Police Station, Mogha, Exhibit P.D. Teja Singh Assistant Sub-Inspector PW-8 on receiving certain information raided Smt. Kartaro's house on 22nd October, 1965, and recovered Smt. Satwant Kaur from there in the presence of Ajaib Singh and Boota Singh. He sent for Kartar Singh, Sarpanch PW after the recovery who attested the recovery memo.