GURDEV KAUR Vs. GURMUKH SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 18-4-2001, rendered by the Court of Additional sessions Judge, Jalandhar, vide which it acquitted the accused (now respondent) for the offence, punishable under Sections 304-B, 498-A and 201 of the Indian Penal Code.

(2.) THE law was set in motion by Gurdev kaur, mother of Iqbal Kaur by making a statement Ex. PA, dated 4-10-1998, on the basis whereof the FIR was registered. According to the allegations, contained in Ex. PA, the daughter of the complainant, Iqbal kaur, was married to Gurmukh Singh, about one year earlier. On 30-3-1998 the complainant went to Sweden to see her mother and in her absence, Gurmukh Singh-accused started living in her house of his own. Iqbal kaur used to tell the complainant on telephone, that Gurmukh Singh, accused, had been harassing her. He (Gurmukh Singh)used to quarrel with her daughter. He also gave her beatings to compel her to ask her mother that the house should be transferred, in his name so that he may be able to open a shop in the outer room thereof. When Iqbal kaur told her mother about the extreme harassment at the hands of Gurmukh singh, the complainant returned to India. A letter was written by the complainant to her brother Jaswinder Singh, residing in Sweden who wrote a letter to Mohinder Kaur, sister of the complainant, residing at phagwara and asked her to inquire about the matter. Mohinder Kaur with her husband Swaran Singh, came to the complainant. The complainant took Vijay Kumar, who was a mediator, in arranging the marriage and contacted Gurmukh Singh accused. He advised Gurmukh Singh that the complainant had two daughters and would discuss the matter with the other daughter as well. The complainant also told Gurmukh Singh that during her life time, she will not transfer her house, in favour of anybody. Gurmukh Singh, remained adamant regarding the transfer of house, by the complainant, in his favour. Thereafter, Gurmukh singh took Iqbal Kaur to his village Dhuleta. It was stated that he continued harassing iqbal Kaur to compel the complainant to get the house transferred, in his name. Iqbal kaur told her mother (complainant) that she should fulfill the demand of Gurmukh Singh, regarding the transfer of her house, in his name, otherwise, he (Gurmukh Singh) would kill her.

(3.) IT was further stated that on 21-9-1998 iqbal Kaur died. Gurmukh Singh told the complainant that there was some trouble, in the abdomen of Iqbal Kaur, as a result whereof, she died. On enquiry, the complainant came to know that Gurmukh singh killed Iqbal Kaur, as she had not transferred the house in his favour. The statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.