BARA SINGH Vs. GURMIT KAUR

JUDGEMENT

(1.) BALKAR Singh son of Bara Singh was married to Gurmeet Kaur daughter of Rulda Singh about 6 years prior to 5/96. 1 years prior to 5/96, they got a son from their wedlock. Balkar Singh was a driver. For the last 4 years prior to 5/96, Balkar Singh was putting up separate in village Laliani. Gurmeet Kaur was quarrelling with him and her parents -in -law. Balkar Singh tenanted a house at Pipli about 2 years ago and was putting up with his wife Gurmeet Kaur there. About 15 days ago Balkar Singh vacated the house situated in Pipli and came to village Laliani with the household effects. He told his father Bara Singh that Gurmeet Kaur had gone to Thanesar to her mother Satwant Kaur after quarrelling with him. On 12.5.96 at about 12 noon, Gurmeet Kaur called Bara Singh to Thanesar to her mother's house through telephonic message to him. Balkar Singh went to Gurmeet Kaur to her mother's house on receipt of the telephonic message at about 2.30 P.M. On 13.5.96 at about 12 noon, Gurmeet Kaur conveyed her father -in -law Bara Singh on phone through Kuldeep Singh shopkeeper that Balkar Singh was lying admitted in University Hospital in serious condition and that he should come there. On receipt of this telephonic message Bara Singh along with his son Joginder Singh, Dalip Singh Numberdar and Bhupinder Singh reached University Hospital. Bara Singh, Joginder Singh, Dalip Singh and Bhupinder Singh found Balkar Singh dead on a cot in the hospital. Bara Singh made statement Ex.PD to this effect on 13.5.96 at 8.15 P.M. before SI Sadhu Ram. He laid suspicion on Gurmeet Kaur, her mother Satwant Kaur and Ravinder Singh @ Rulda Singh for the murder of Balkar Singh by administering something poisonous to him. On the basis of statement Ex.PD, entry No. 36 was recorded in the Daily Diary Register on 13.5.96 at PS City Thanesar Ex.PD P1. No case was registered on the statement of Bara Singh Ex.PD by the police. On 4.6.96 Bara Singh made application to SHO, PS City Thanesar praying that case under Section 302 Indian Penal Code be registered against Gurmeet Kaur, Satwant Kaur and Ravinder Singh @ Rulda Singh for the murder of his son Balkar Singh. In application Ex.PE, he reiterated the same facts as he had narrated in statement Ex.PD. On 4.6.96 case FIR No. 162 was registered at PS City Thanesar under Section 302/34 Indian Penal Code. After investigation, accused were challaned under Section 302/34 Indian Penal Code.

(2.) CASE was committed to the court of Sessions by Shri A.K. Raghav, Chief Judicial Magistrate, Kurukshetra vide order dated 12.8.96. Sessions Judge, Kurukshetra charged the accused with offence punishable under Section 306/34 Indian Penal Code. Accused pleaded not guilty to the charge and claimed trial.

(3.) WITH a view to bring home to the accused the charge levelled against them, the prosecution examined Dr. Anupma Singh, Medical Officer, LNJP Hospital, Kurukshetra PW1, Dr. D.S. Saini, Senior Medical Officer, LNJP Hospital, Kurukshetra PW2, ASI Ramesh Chander PW3, Bara Singh PW4, Natha Singh PW5, Gurbax Singh PW6, Kuldeep Singh PW7, Surjit Kaur PW8, Dr. H.K. Sobti PW9, Mukesh Kumar Draftsman, SP Office, Kurukshetra PW10, SI Sadhu Ram PW11, Shri Sewa Singh SHO, PS City Thanesar PW12, Constable Satbir Singh PW13 was examined on affidavit. Affidavits Ex. PK and PL of H.C. Om Pal and Constable Devinder Singh respectively were tendered into evidence. Report of chemical examiner Ex.PW/PN was also tendered into evidence. Accused when examined under Section 313 Cr.P.C. denied the imputations appearing in prosecution against them and stated that it is a false case. Gurmeet Kaur stated that she had cordial relations with her deceased husband Balkar Singh and there was perfect harmony between them. He had some dispute with his father Bara Singh regarding land and there used to be tension between them on that score.