SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed a against the judgment/order of sentence dated 7.3.1998 passed by the Court of learned Additional Sessions Judge, Hoshiarpur whereby he convicted and sentenced Gurbachan Kaur, Sarwan Singh and Satwinder Kaur to undergo rigorous imprisonment for seven years each under Section 304-B of IPC and further sentenced each of them to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- each and in default of the same, the defaulter to undergo further rigorous imprisonment for six months under Section 498-A of IPC with a further direction that the sentences shall run concurrently.

(2.) TERSELY put, facts of the prosecution case are that on 11.7.1992 ASI Nirmaljit Singh PW6 on receipt of a chit regarding the admission of Gurmit Kaur in Civil Hospital, Hoshiarpur went to the said hospital. On his application Ex.PL, the Doctor made endorsement Ex. PL/ 1 that Gurmit Kaur was unfit to make statement. He returned to the Police Station. On 12.7.1992, on receipt of chit regarding Gurmit Kaur's death again he went there and recorded of the statement of Prabh Singh, complainant brother of Gurmit Kaur deceased. He stated that he married his sister Gurmit Kaur with Iqbal Singh alias Rachhpal Singh accused but could not give sufficient dowry at the time of marriage. One son was born to her. Thereafter, her mother-in-law Gurbachan Kaur, sisters-in-law Rani, Binder, husband Iqbal Singh, father-in-law Joginder Singh and brother-in-law Sarwan Singh started harassing her on account of less dowry. Soon thereafter, he gave one petti, (big iron box), clothes and other house-hold articles to her. About ten months later, her in-laws started harassing her. She narrated the same to him. His mother brought Gurmit Kaur to her house. After about one month, she gave birth to a female child. His brother-in-law and his father came to their house to take her back, but they refused to send her. On this, they had altercation. They visited again on 2-3 occasions for this very purpose, but she was not sent with them. Then his brother-in-law told that he had to go to Saudi Arabia and asked them to send her with him. Then she was sent with him. After about one month, Iqbal Singh went to Saudi Arabia, whereafter the members of his family again started harassing her. This fact was brought to his notice by his sister Saroj. After about two months, he went to her house and persuaded the accused who insulted him and put forth the demand of scooter, fan, refrigerator and television. He refused to give the same. He informed Har Bilas, Sarpanch of Village Saincha that his sister was being harassed by her in-laws. Then, he alongwith this Sarpanch went to their house and implored them not to harass her. About 9/10 days back, his brother-in-law (referring to Iqbal Singh) had written letter from abroad that they should bring back her as he did not want to keep her. On this, his mother and sister Saroj went to Village Bassi Ballo along with letter. When Gurmit Kaur was reading out the contents of such letter to her mother-in-law, the latter snatched the same from her and made a bone-fire of it, by throwing it in the chulla (hearth). They also misbehaved with his mother and sister, who prevailed upon Gurmit Kaur to stay on there. About 2-3 days back, his brother-in-law had written a letter to his (Prabh Singh) sister in which he gave threats to her. On account of such harassment as well as threatening letters written to her, she was compelled to put an end to her life. On the previous day, they came to know that the in-laws of his sister had administered some poisonous substance to her. In consequence of which she had expired, The aforesaid ASI made his endorsement and sent the statement to the Police Station Sadar, Hoshiarpur where on its basis the formal FIR was recorded. This ASI prepared the inquest report, the rough site plan showing the place of occurrence, recorded the statements of the witnesses, got conducted autopsy on the dead body of Gurmit Kaur, arrested the accused and after completion of investigation, laid the charge-sheet in the Court of learned Additional Chief Judicial Magistrate, Hoshiarpur, who in turn, committed the case to the Court of learned Sessions Judge, Hoshiarpur who entrusted the same to the Court of learned Additional Sessions Judge, Hoshiarpur.

(3.) TO bring home guilt against the accused, the prosecution has a examined ASI Balbir Singh PW1, Dr. Rajiv Gupta PW2, Dr. Inderjit Singh Ahuja PW3, Prabh Singh complainant PW4, Ram Piari mother of the deceased (PW5), ASI Nirmaljit Singh PW6 and closed the evidence by tendering into evidence the affidavits Ex.PA of MHC Gurdial Singh, Ex.PB of Constable Jaswinder Singh and Ex.PC of SPO Ashok Kumar.