JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/ order of sentence dated 23.1.1998 passed by the Court of learned Additional Sessions Judge, Ludhiana, whereby he convicted and sentenced the accused Jaswant Singh to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/ - and in default of payment of the same, to further undergo rigorous imprisonment for three months under Section 306 of IPC.

(2.) SHORTLY put, the facts of the prosecution case are that on 2.2.1997, Gurmit Singh complainant made statement before Mohinder Singh, SI, Incharge Police Post Shimlapuri, Ludhiana in the terms that his sister Balbir Kaur alias Biro aged about 25 years was married to Jaswant Singh accused on 7.12.1996 whereafter the latter did not allow her to meet them. After sometime, he went to fetch his sister to his house. She told him that the accused used to give beatings to her. He made the accused to understand and told him that he had come to take his sister along, but he did not agree. Instead, he humiliated him by saying that she cannot go outside the gate of his house without his consent. On 26.1.1997, his father Pal Singh and his mother Shanti went to the house of the accused in order to bring Balbir Kaur to their house. The accused did not allow them to meet her rather sent them back after insulting them. The accused gave slaps to Balbir Kaur in the presence of her father Pal Singh and mother Shanti. On 2.2.1997, he (Gurmit Singh) and his friend Ranjit Singh went to the house of accused in Jammu Colony, Ludhiana in order to see Balbir Kaur at about 2:00 P.M., when they reached the house, seven persons were found to have amassed there. They came to know that Balbir Kaur had committed suicide by hanging herself on the night intervening 1/ 2.2.1997. They went inside and found her dead body lying on a bed. There were ligature marks around her neck. By leaving Ranjit Singh to guard the dead body, he came to his parents and relatives and made them aware of the occurrence. She had committed suicide being fed up with the behaviour of her husband. On the basis of his (Gurmit Singh) statement, the FIR was registered. The investigation was conducted by SI Mohinder Singh. He inspected the spot and prepared the inquest report. The autopsy was got performed on the dead body. The accused was arrested. After completion of investigation, the charge -sheet was laid in the Court of learned Illaqa Magistrate, who committed the same to the Court of Sessions for trial of the accused.

(3.) WHEN examined under Section 313 of Cr.P.C, the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded false implication. He has put forth that Gurmit Singh PW was inimically disposed towards him as he had not paid the desired money to him. He had cordial relations with his wife. In his defence, he examined Hoshiar Singh DW1.