HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order, I dispose of Crl. Appeal No. 66-SB of 1998 (Harjit Singh and another v. State of Punjab) and Crl. Revision 296 of 1998 (Raghbir Singh v. State of Punjab), as both these cases have arisen from the judgment and order dated 20.1.1998, passed by the Additional Sessions Judge, Bathinda.

(2.) THE criminal appeal No. 66-SB of 1998 has been filed by Harjit Kaur (Singh ?) and his mother Mohinder Kaur and it has been directed against the judgment and order dated 20.1.1998, passed by the Court of Additional District and Sessions Judge, Bathinda, who convicted the appellants under Section 304-B, IPC, and sentenced them to undergo R.I. for a period of 7 years each. It may be mentioned at the very outset that along with the present appellants, Jaspal Singh alias Kaka, younger brother of Harjit Singh was also tried for the offence under Section 304-B, IPC, but the trial Court gave the benefit of doubt to Jaspal Singh and acquitted him.

(3.) THE case was registered on the statement of Gurlal Singh, father of Jasbir Kaur, deceased, wherein he stated that Jasnbir Kaur was married to Harjit Singh according to Sikh rites at Maur Khurd about one year ten months prior to 27.7.1998. After about one year of the marriage of Sarabjit Singh (younger brother of appellant Harjit Singh), accused Harjit Singh, his mother Mohinder Kaur and his younger brother Jaspal Singh alias Kaka started taunting and harassing Jasbir Kaur for bringing less dowry, as the wife of Sarabjit Singh had brought a Refrigerator, Television and Cooler in the marriage. To fulfil this demand of the accused, the complainant Gurlal Singh paid Rs. 3,000/- on one occasion, Rs. 1,000/- on the other occasion and again Rs. 1,000/- on the third occasion to Mohinder Kaur, appellant. In the month of March, 1988, Gurlal Singh went to the in-laws' house of his daughter Jasbir Kaur to take her when she was in the family way but the accused refused to send her with Gurlal Singh. Thereafter, his son Raghbir Singh reached Bathinda and Jasbir Kasur told her brother that he should send her father to take her otherwise, the accused would kill her at the time of the delivery. At this, Gurlal Singh reached Bathinda and took Jashbir Kaur, his daughter, with him. On 23.4.1988, a male child was born to Jasbir Kaur and unfortunately that child died on 25.4.1988. On 25.7.1988, Gurlal Singh again came to Bathinda and at that time Jasbir Kaur was normal. Gurlal Singh returned to his village. On the next day, at about 1.00 P.M. i.e. on 26.7.1988, Gurcharan Singh approached Gurlal Singh and informed him that Jasbir Kaur was ill. Thereafter, Gurlal Singh, his wife Mukhtiar Kaur, brother Santokh Singh and his son Ajaib Singh came to Bathinda to see their daughter and they saw Jasbir Kaur lying dead on a cot, which was lying in the court-yard of the house of the accused. Her clothes were stained with feacle matter and urine was lying in the baithak of the house of the accused and the other clothes were already put on her body. All the accused were present in the house and due to fear, they slipped away from the house one by one. Gurlal Singh sent his brother Santokh Singh to the village to bring the relations and he sat near the dead body of Jasbir Kaur. Thereafter, Gurlal Singh proceeded towards the Police Station to report the matter and the police party headed by Inspector Dharam Singh met him on the way. Resultantly, Gurlal Singh gave the statement, Ex.PE.