NAHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Nahar Singh, Bhola Singh and Amar Kaur, and has been directed against the judgment and order dated 19.9.1997, passed by the court of Additional District and Sessions Judge, Sangrur, who convicted the appellants u/s 304-B IPC, and sentenced each one of them to undergo R.I. for a period of 10 years and to pay a fine of Rs. 3,000/- each; in default of payment of fine, they were directed to undergo R.I. for one year each.

(2.) THE brief facts of the case are that Smt. Balbir Kaur w/o Gurjit Singh, deceased was married with Gurjit Singh within 7 months of her death on 11.8.1994 and the matter was reported to the police by Avtar Singh, father of the deceased, vide statement, Ex. PE, recorded by ASI Nirmal Singh, Incharge, Police Post, Kalyan, on the same day. It was alleged by the complainant that he was the resident of Village Lehal and worked as an agriculturist. His daughter Balbir Kaur was married with Gurjit Singh s/o Nahar Singh r/o Dulwankalan, about 7 months prior to the date of making the statement. The engagement of his daughter was settled with the intervention of Lal Singh s/o Mangal Singh r/o Nathe Hari. The complainant further alleged that he had given sufficient dowry according to his financial resources but the elder brother-in-law Bhola Singh, mother-in-law Avtar Kaur and Nahar Singh, father- in-law, of the deceased, used to maltreat and used to beat her for bringing inadequate dowry. The deceased used to complain to her father about this fact. Two months prior to the occurrence Bhola Singh, Nahar Singh and Avtar Kaur, aforesaid, maltreated Balbir Kaur and gave beating to her for bringing inadequate dowry and a demand of scooter was made by them from the deceased so that she may be able to bring the scooter from the house of her parents. When this matter came to the notice of Avtar Singh, he along with Atma Singh, Member Panchayat, Lal Singh, Nathe, Hari and his brother Gurdial Singh went to the house of Gurjit Singh and told to the aforesaid persons that sufficient dowry had already been given and more dowry could not be given. The appellants were advised not to harass Balbir Kaur. However, on the contrary, the appellants told Avtar Singh that in case he was interested for the rehabilitation of his daughter, he will have to arrange a scooter, otherwise his daughter will not be in a position to settle in her matrimonial house. Upon this, the complainant made a promise that after the sale of the Kharif crop, he will be able to arrange a scooter. Appellants were requested to give proper respect to the deceased. It was further alleged by the complainant that about 6/7 days earlier to the death of his daughter, his daughter and son-in-law had come to his village and there also his daughter told him that her mother-in-law, father-in-law and elder brother-in-law, had been maltreating her by saying that if she did not bring the scooter from the house of her parents, they would kill her. This matter was told to Sarpanch Atma Singh and Sadhu Singh, Member Panchayat. On 11.8.1994 at about 5.30 p.m., the complainant was present at his house in the village. Lal Singh, Mediator (Vichola) informed him that Avtar Kaur, Bhola Singh and Nahar Singh had quarrelled with Balbir Kaur and he should go to the house of the in-laws of the deceased in order to enquire about her welfare. Upon this, the complainant along with Lal Singh, Atma Singh and Gurdial Singh went to Village Dulwankalan to enquire about the welfare of Balbir Kaur and when they entered in the room of the residential house of Nahar Singh, they saw Balbir Kaur hanging over a cot, which was standing inside the room and a Dupatta of pink colour was found tied around her neck. The other end of the Dupatta was tied with the leg of the cot. The complainant, Atma Singh, Member Panchayat and Gurdial Singh, cut down the chunni and the body of Balbir Kaur was put on the cot. She was found dead. The complainant, finally, alleged in his statement that he was confident that his daughter Balbir Kaur had been murdered by the three appellants with the help of Chunni on account of inadequate dowry. Leaving the dead body in the house of the appellants, the complainant along with Atma Singh and Gurdial Singh proceeded for the police station in order to lodge the report but on the way, the police party met them and the complainant gave the statement, Ex. PE. It was the autopsy on the dead body of Balbir Kaur, and Avtar Singh, PW2, whose statement was corroborated by Gurdial Singh and Atma Singh, PWs 3 and 4, respectively. These are the three material witnesses on which the prosecution has relied in order to secure conviction for the appellants. O.I. Nirmal Singh, ASI, was examined by the prosecution as PW5.

(3.) THE stand of Bhola Singh and Amar Kaur was the same as of their co-accused Nahar Singh.