MANINDER SINGH Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) - These two appeals arise out of the judgment of the learned Additional Sessions Judge Chandigarh in Sessions Case No. 23 of 1991 dated 3-5-1996.

(2.) The 2nd accused is the appellant in Criminal Appeal No. 339-SB of 1996 while the 1st accused is the appellant in Criminal Appeal No.374-SB of 1996. Both the accused who are appellants in these two appeals have been prosecuted for the offence under Sections 364, 304-B. 120-B and 210. I.P.C. alongwith one Gurmit Kaur who was declared as a proclaimed offender.

(3.) The case of the prosecution may be briefly stated as follows: The 1st accused Maninder Singh was married to Kuljit Kaur, daughter of Trilok Singh who is the complainant on 26-9-1990. The Pt accused was working as contractor with one Iqbal Singh at Faizabad and the said Iqbal Inder Singh was an Architect. The 2nd accused Kiran Chopra is the wife of said Iqbal Inder Singh. After the marriage the daughter of the complainant Kuljit Kaur and the 1st accused started residing at Faizabad in the house of Iqbal Inder Singh. According to the complainant, his daughter used to alleged to have abducted her on 2-4-1991 - No acceptable evidence that 1st accused was having illicit relation with 2nd appellant wife of his employer or that 2nd appellant was interested or responsible for harassing deceased for not bringing sufficient dowry. He further stated that his daughter came to his house in the last week of March, 1991 and told that she was apprehending danger from Maninder Singh and Kiran Chopra as she overheard them talking in each other and they wanted to remove her. It is also averred that Gurmit Kaur (proclaimed offender) who is an aunt of 1st accused Maninder Singh, also started harassing and torturing her and she told her that she would not go back to the matrimonial home. While so, on 2-4-1991, when the complainant Trilok Singh was away from the house, both the accused alongwith Gurmit Kaur reached his house in a car and they took Kuljit Kaur forcibly with them after putting her in the car and his younger daughter Jaswinder Kaur was present in the house. Though Jaswinder Kaur raised hue and cry, nobody paid any heed. It is further averred in the complaint that one Karam Singh resident of Bank Colony had also seen Kuljit Kaur and told the complainant about the fact. On the basis of the complaint given by Trilok Singh the case was registered in FIR No. 51 of 17-4-1991 and the investigation was taken up. Both the accused were arrested on. 20-4-1991 and during the course of investigation, it was revealed that Kuijit Kaur was killed and she was cremated in order to show that her death was natural. After completion of the investigation, a charge-sheet was filed against the accused. Gurmit Kaur could not be arrested as she was absconding.