PARAMJIT SINGH GANDHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THOUGH by profession the appellant Shri Paramjit Singh Gandhi was promoting the cause of a noble profession, being an Advocate, yet he had downgraded the profession by indulging in abetting his wife Smt. Anita Kumari, who died in unnatural circumstances at the residence of her husband i.e., the appellant, on 8th February, 1986.

(2.) THIS criminal appeal filed by Shri Paramjit Singh Gandhi alias Gandhi, has been directed against the judgment and order dated 6th December, 1986, passed by the Court of Additional Sessions Judge, Ludhiana, who convicted and sentenced the appellant under Section 306, Indian Penal Code, for abetting his wife Smt. Anita Kumari to commit suicide on 8th February, 1986 at about 8 P.M. in the revenue limits of Khanna City and the trial Court also convicted and sentenced the appellant under Section 498-A, Indian Penal Code. The appellant was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/- under Section 306 I.P.C. In default of payment of fine, the appellant was sentenced to undergo rigorous imprisonment for six months. For the offence under Section 498-A Indian Penal Code, the appellant was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. In default of payment of fine he was directed to undergo further rigorous imprisonment for three months under Section 498-A I.P.C. The trial Court further ordered that both the substantive sentences shall run concurrently.

(3.) ACCUSED Paramjit Singh was married with Smt. Anita Kumari deceased about 1-1/2 years before the present concurrence which took place on 8th February, 1986 at about 8 P.M. at Khanna. Smt. Anita Kumari deceased hailed from village Bara near Sirhind. She had four brothers, namely, Bharat Bhushan, Har Sarup, Gursharan Dass and Krishan Dev. She had five sisters and was youngest out of them. She was employed as a Clerk in the office of Chief Engineer, Irrigation, at Chandigarh, before her marriage and also at the time of her death. Her brother Bharat Bhushan was employed in the Railways at Ferozepur and Gursharan Dass was posted as Inspector in Civil Defence at Ferozepur. Her brother Har Sarup was posted at Mohali as Overseer. Her eldest brother Krishan Dev was living at Chandigarh, being posted as Superintendent in the Secretariat. Deceased Anita Kumari had already lost her parents before her marriage. Paramjit Singh appellant was a practising lawyer at Samrala and used to come there daily from Khanna. According to the allegations of the prosecution, sufficient dowry was given to the appellant at the time of marriage, but the deceased often used to make a complaint to her brothers that the appellant was wasting his own income as well as her income on liquor and that he used to beat and coerce her on the pretext that she should bring more money from her parents. The demand of the accused was occasionally met by the brothers of the deceased. Injury marks were found on the person of the deceased whenever she was beaten by the deceased and she used to complain to her brothers about the demand of money made by the accused. The brothers of the deceased had brought this matter to the notice of Shri Dev Raj, Municipal Commissioner of Khanna, who was the Bachola in the marriage. Said Dev Raj also gave a word of advice to the accused on several occasions, but to no effect. Being harassed by the above conduct of the accused, the deceased shifted her residence in rented premises in H.No. 3482, Sector 38, Chandigarh, in October 1985. The accused used to visit her in Chandigarh and used to beat her also there. Such incidents of beating were used to be reported by the deceased to her brother Krishan Dev, who was residing at Chandigarh. In this manner, Smt. Anita Kumari deceased was very much aggrieved and harassed at the hands of the accused.