GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 5th March, 1998 passed by the Court of Learned Additional Sessions Judge, Barnala whereby he convicted and sentenced the accused Gurdeep Singh to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 2,000 or in default of payment of the same, to further undergo rigorous imprisonment for three months under Section 304 -B of IPC and acquitted his co -accused Harbans Singh and Jaswant Kaur by giving benefit of doubt.

(2.) SUCCINETLY put, the facts of the prosecution case are that Gurbachan Singh father of Paramjit Kaur deceased made statement before the police in the terms that his daughter Paramjit Kaur was married to accused Gurdeep Singh alias Gareebu of Village Jodhpur about three and a half years back. The accused Jaswant Kuar is the mother and the accused Harbans Singh is the brother of accused Gurdeep Singh. He had given necessary dowry according to his means and status at the time of marriage, but these accused were dissatisfied therewith. They wanted Paramjit Kaur to bring a scooter from her parents. The accused were saying that they had been humiliated in the eyes of their friends and relations by not giving a scooter by her parents at the time of her marriage. A few days after the marriage, Gurdeep Singh left for Behrin from where, he sent a threatening letter to the complainant Gurbachan Singh asking him to bring back Paramjit Kaur from the bridal house. On this, he brought her to his house in Village Mehal Kalan. About one and a half month before the occurrence, the accused Gurdeep Singh returned from the afore -mentioned country. With the intervention of various relatives of the parties and other respectables of Village Mehal Kalan and Jodhpur the accused Gurdeep Singh took her back to the matrimonial home about 20 days prior to the occurrence. On 10th January, 1997, Gurbachan Singh (sic.) accompanied by his brother -in -law Sukhdev Singh went to Village Jodhpur to sec her and her in -laws. On that day, when they both reached there, the deceased was found sitting near the hearth. At that time, the accused Gurdeep Singh, Harbans Singh and Jaswant Kaur were also present in the house. They were taunting her for not bringing a scooter from her parents besides remarking that her father was in fact a Pauper. Gurbachan Singh and Sukhdev Singh P Ws intervened and told the accused that he (Gurbachan Singh) had already given necessary dowry beyond his means and could not afford to give any scooter. All the accused were pacified. Pararmjit Kaur told her father that she was being maltreated by her mother -in -law Jaswant Kaur, brother -in -law Harbans Singh and her husband Gurdeep Singh accused since the day she returned to their house and that she was fed up with her life. Having consoled her, they went to the house of Jal Kaur sister of Gurbachan Singh, Jal Kaur was married to Gurdeep Singh, of village Jodhpur. Gurbachan Singh as well as Sukhdev Singh stayed in Jal Kaur's house for the night. On the next morning around 8.30 a.m., they went to the house of Paramjit Kaur's in -law to see her. They found her dead due to burn injuries. On the basis of statement, the case was registered against all the three aforementioned accused. The autopsy was performed on her dead body. All the burn injuries were found to be ante moterm in nature. SI Surinder Pal Singh inspected the spot, prepared the rough site plan showing the place of occurrence, recovered some earth smelling of keresene oil, some ashes from near the dead body, a tin containing kerosene oil, some half burnt clothes of the deceased lying near the dead body. On 12th January, 1997, all the three accused were arrested. After completion of investigation, the charge -sheet was laid in the Court of learned Illaqa Magistrate.

(3.) WHEN examined under Section 313 Code of Criminal Procedure , all the accused denied the incriminating circumstances appearing in the prosecution evidence and pleaded false implication. They came up with the plea that they had cordial relations with Paramjit Kaur deceased. The accused Gurdeep Singh further put forth that at the time of his marriage with Paramjit Kaur, he had been working as mason in Behrin and had come to village Jodhpur for about two months. After his marriage, he had been sending letters to her from Behrin. She too, had been writing letters to him full of love and affection. She had also been sending him greetings on the eve of new year. At the relevant time, he had come to India on the eve of Diwali in the year 1996 with return ticket and his seat was also booked for Berhrin for 15th February, 1997. On the day of occurrence i.e. 11th January, 1997, he had to go Jagraon for collecting his ticket and passport for going back to Behrin. The deceased was not consenting to his return to Behrin and had been persuading him not to go back to Behrin. When he refused to agree to her request, she became angry and committed suicide. He was not at all at fault nor was he in any way responsible for her suicide. Similarly, other accused, namely, Harbans Singh and Jaswant Kaur are also not liable for the suicide committed by her. They had informed Sukhdev Singh P W about her death and the latter, subsequently informed Gurbachan Singh about the same. At the time of commission of suicide by her, they all the three accused raised hue and cry, whereupon Darshan Singh son of Babu Singh and other neighboured came to the spot and tried to extinguish the fire on the dead body. At the time, the accused also tried to remove her to the hospital, but she succumbed to the burn injuries at the spot. They had informed the police about her death on 11th January, 1997 at about 8.00 a.m. They all three were arrested by the police from the spot on the same day, when they were crying by the side of the dead body. He has (Gurdeep Singh accused) also placed on record various letters Mark A, Mark B, Mark C, Mark D, Mark E and Mark F purporting to have been written by his wife Paramjit Kaur deceased to him, while he was residing abroad in Behirn. In their defence, they examined Darshan Singh DW1, Paramjit Kaur DW2, Mohd. Sadip Clerk of the office of DTO, Sangrur DW3, Sukhwinder Singh DW4 and Dr. Atul Kumar Singla Handwriting Expert DW5.