JASWANT SINGH Vs. NARINDER KAUR AND ANOTHER

JUDGEMENT

(1.) This is a Criminal Misc. No. 12989-M of 1998 whereby Jaswant Singh has prayed for the cancellation of anticipatory bail allowed to respondent No. 1 (Narinder Kaur alias Narinder Pal Kaur alias Janko) daughter of Bachan Singh by Sessions Judge, Gurdaspur, in case FIR No. 45 dated 4.4.1998 of P.S. Kadian under Section 304-B, IPC.

(2.) The prosecution case, in brief, is that Kashmir Kaur aged 23/24 years daughter of Jaswant Singh was married to Jaspal Singh son of Bachan Singh. Her father gave dowry in marriage according to his financial capacity. 5-7 days after marriage when Kashmir Kaur came back, she told that her husband Jaspal Singh, her husband's sister Narinder Pal Kaur were taunting her that she had not brought scooter in her dowry. Kashmir Kaur's father told this fact to his brother Nirmal Singh and apprised him that her in-laws were demanding scooter. Nirmal Singh advised his brother Jaswant Singh that he should give scooter as soon as he could arrange money. About three months prior, to when Kashmir Kaur met her end, her father had given her a scooter. Scooter was yet to be given registration number. After one month of the delivery of the scooter, Jaspal Singh, his father Bachan Singh, his sister Narinder Pal Kaur alias Janko and Kashmir Kaur came to the house of Jaswant Singh at village Jaffarwal and asked him to pay them Rs. 3.00 lacs as Jaspal Singh had to go abroad. Jaswant Singh told them that he was not in a position to pay Rs. 3.00 lacs and they themselves should arrange this amount. They returned leaving Kashmir Kaur at his house. Before leaving they said that they would keep Kashmir Kaur in the matrimonial home only if he paid them Rs. 3.00 lacs and if he failed to pay them Rs. 3.00 lacs they would not rehabilitate her.

(3.) On the following day, Jaswant Singh and Kashmir Kaur went to the house of Jaspal Singh in village Sherpur and told them that he would pay Rs. 1.00 lac to them after the sale of his land and the remaining Rs. 2.00 lacs they could arrange themselves. Jaswant Singh left his daughter Kashmir Kaur at her in-laws house and came back. After 2-3 days Kashmir Kaur again came to her father Jaswant Singh and complained to him that her father-in-law Bachan Singh, husband Jaspal Singh and sister-in-law Janko were maltreating her and were taunting her that she had brought farless dowry and also she had not brought the requisite amount of money. Jaswant Singh approached Satnanl Singh of village Jaffarwal and he also approached his brother Ninnal Singh and went to the house of Jaspal Singh along with Kashmir Kaur. They expressed their helplessness in fulfilling their demand. They requested them to keep Kashmir Kaur in the matrimonial home. Kashmir Kaur gave birth to a daughter named Jyoti, who was with Jaspal Singh. On 3.4.1998 Jaswant Singh was present in his house at village Jaffarwal and at 4.00 P.M. he told by two persons who came on tractor that his daughter has suffered heart-attack and she was admitted in the hospital. They returned after giving this information to him. Jaswant Singh along with his son Rashpal Singh and brother Nirmal Singh went to the hospital at Batala. They found Kashmir Kaur's condition quite serious. There was no flow in the tall of Kashmir Kaur. She was pausing and talking. Jaswant Singh asked her about the incident and she told him that Jaspal Singh, her father-in-law Bachan Singh and her sister-in-law Narinder Pal Kaur alias Janko had administered her poison in a glass of water and she became unconscious. At about 11.00 P.M., Kashmir Kaur died in the hospital. According to Jaswant Singh, Kashmir Kaur was killed by Jaspal Singh, Narinder Pal Kaur and Bachan Singh who gave her poison because she was not able to satisfy their demand for money and who were not satisfied with the dowry brought by her. On the statement of Jaswant Singh, the case was registered under Section 304-B, IPC at P.S. Kadian.