NACHHATTAR SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) THE prosecution case in brief is that Smt. Chhinderpal Kaur was married to Charan Singh in the year, 1991. She had a son from this marriage who was about 18 months old in October 1994, she was carrying another child in her womb. On 26.10.1994, Chhinderpal Kaur's brother Nachhattar Singh and uncle Partap Singh went to village Dhaleke which is the village of her (Chhinderpal Kaur) in-laws to bring her to their village Baghelewala for delivery. At the house of her in-laws her mother-in-law Gurmail Kaur met them and she told that her husband Hardial Singh was not there in the house and they would send Chhinderpal Kaur after consulting him. Gurmail Kaur asked them to stay over there for the night. They accordingly stayed there in the house of Chhinderpal Kaur's in-laws for the night. Gurmail Kaur and Charan Singh told them that they had not given them anything on the birth of first child and Chhinderpal Kaur would be sent only if they agreed to give them television and fridge. Nachhattar Singh told them had given them gold kara and Rs. 10,000/- at the time of the birth of child earlier and they would do their best this time also and give them to the utmost of their capacity. In the meantime Nachhattar Singh's MASAR Hardial Singh also reached there. After taking their meals they went to their room for sleeping. At about 12.00 midnight, they heard the cries of Chhinderpal Kaur. She was raising raula "Na Maro, Na Maro". Thereupon, Nachhattar Singh and his uncle Partap Singh went to the room from where Chhinderpal Kaur's cries were being heard. Electric bulb was on in the room. She had only a jumper on the lower portion of her body and had no other cloth. They saw Gurmail Kaur catching hold of Chhinderpal Kaur by her arms and Charan Singh dealing injuries with a screw driver in her vagina (private parts). Bleeding started and she was about to deliver child. Charan Singh-accused was carrying screw driver and a vial containing some substance like acid and went out of the room. Chhinderpal Kaur was wearing no salwar at that time. When Nachhatar Singh and Partap Singh went to the room, they found Chhinderpal Kaur lying unconscious on the bed. Nachhatar Singh and Partap Singh were to take Chhinderpal Kaur to hospital, she had been brought in the verandah where she breathed her last. Nachhattar Singh left Partap Singh at the spot and himself came to Baghelewala. He alongwith Sarpanch Bikkar Singh were going to the Police Station to lodge report. Police met them near Police Post, Bhadana. According to the prosecution Smt. Chhinderpal Kaur was done to death brutally by Charan Singh and Gurmail Kaur because of her parents side's inability to fulfil their demand for dowry with the connivance of Hardial Singh. Matter was reported to the police of which case FIR No. 117 dated 27.10.1994 was registered under Sections 302/304-B/120-B/34 of the Indian Penal Code at Police Station, Mallanwala. After investigation, Charan Singh and Gurmail Kaur were challaned. Hardial Singh was shown in column No. 2 of the challan. Case was committed to the Court of Session.

(2.) VIDE order dated 22.5.1995 learned Sessions Judge, Ferozepur charged Charan Singh, Gurmail Kaur and Hardial Singh under Sections 120-B of the Indian Penal Code. He charged Charan Singh under Section 302 of the Indian Penal Code while he charged Gurmail Kaur under Sections 302/34 of the Indian Penal Code. He charged Charan Singh, Gurmail Kaur and Hardial Singh under Section 304-B of the Indian Penal Code.

(3.) AGGRIEVED from the order of acquittal passed by the Additional Sessions Judge, Ferozepur acquitting Charan Singh, Gurmail Kaur and Hardial Singh of the murder/dowry death of Chhinderpal Kaur, Chhinderpal Kaur's brother Nachhattar Singh has knocked the door of this Court through this revision.