SATVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment I dispose of Criminal Appeal No. 415-SB of 1998 filed by the three accused Satvir Singh, his father Davinder Singh and his mother Paramjit Kaur against the State of Punjab, Criminal Appeal No. 482-DBA of 1998 filed by the State of Punjab against Satvir Singh, Davinder Singh and Paramjit Kaur and Criminal Revision No. 909 of 1998 filed by Tejinder Pal Kaur against Satvir Singh and others as all the three matters have arisen from one judgment and order dated 7.5.1998 passed by the Court of learned Sessions Judge, Amritsar, who convicted the three appellants under Sections 498-A and 306 read with Section 116 of the Indian Penal Code and sentenced them to undergo RI for a period of 2 years each and to pay a fine of Rs. 5,000/- each; in default of payment of fine each of the appellant was directed to undergo RI for four months, under Section 498-A IPC. All the appellants were further directed to undergo RI for a period of 2-1/2 years and to pay a fine of Rs. 10,000/- each; in default of payment of fine each one was directed to further undergo RI for six months, under Section 306 read with Section 116 IPC. The trial Court also held that substantive sentences awarded to each of the appellants shall run concurrently and 3/4th of the fine, if realised, shall go to Tejinder Pal Kaur injured. It may be mentioned here that the trial Court acquitted the appellants under Section 304-B read with Section 511 IPC.

(2.) WHEREAS the accused have filed the appeal in order to secure their acquittal; on the other hand, the State has filed the appeal on the ground that accused should have been convicted and sentenced by the trial Court under Section 304-B read with Section 511 IPC and the prayer of the complainant is also to the same effect and further for the enhancement of the sentence.

(3.) TEJINDER Kaur was admitted to S.G.T.B. Hospital, Amritsar on 17.6.1996 at 5.20 a.m. ASI Rajinder Singh on receipt of message of her admission, came to the hospital. He submitted application Ex.PD to the doctor in order to record the statement of Tejinder Pal Kaur. He sought the opinion of the doctor as to whether she was fit to make a statement or not. The doctor had declared her unfit to make statement. On that day at 11.00 a.m. another application Ex.PE was submitted to the doctor, who again declared the injured unfit to make a statement at 9.40 p.m. Yet another application Ex.PA was submitted by ASI Rajinder Singh on 18.6.1996 and this time vide opinion Ex.PA/1 at 4.15 p.m. the doctor declared the injured fit to make a statement. Resultantly, statement Ex.PB of the complainant was recorded. It was read over and explained to her. Tejinder Pal Kaur signed the said statement in Punjabi in token of its correctness and it was attested by ASI Rajinder Singh besides Dr. Parkash Singh at 5.15 P.M. The Thanedar Shri Rajinder Singh made endorsement Ex.PB/1 underneath the said statement and it was sent to Police Station G.R.P., Amritsar, on the basis of which formal F.I.R. Ex.PB/2 was recorded vide Rapat No. 31 dated 18.6.1996 registered at 5.35 p.m. The special report of this case was also sent to Illaqa Magistrate through Constable Manjit Singh and it was received by the Magistrate at 10.10 p.m. on the same day. The formal F.I.R. was recorded by SI Banarsi Dass. He visited the place of occurrence and prepared rough site plan Ex.PJ with correct marginal notes. On 19.6.1996 Dr. Mohinder Singh, Sr. Resident, X-Ray Department, Civil Hospital, Amritsar medico-legally examined Tejinder Pal Kaur and observed the following injuries :-