GURDEEP SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This is an appeal filed by appellant Gurdeep Singh against the judgment, dated 29.10.2004, passed by learned Additional Sessions Judge, Fast Track Court, Una, vide which the appellant was held guilty for the charge framed against him under Sections 498-A and 306 IPC and was sentenced as under:

(2.) Briefly stated, the facts of the case are that on 1.9.1998 at 5.00 p.m., a rapat was lodged at Police Post, Haroli, District Una, H.P. by complainant Jeet Singh, accompanied by Pradhan of the Panchayat. The complainant alleged that he had married his daughter Prema alias Babli two years ago with appellant Gurdeep Singh and one son was born from this wedlock. He further alleged that whenever his daughter visited her parental house, she used to tell him that her husband Gurdeep Singh, mother-in-law Mohinder Kaur and brother-in-law (Devar) Surjit Singh used to give her beatings without any reason. They also used to complain that her parents had not given sufficient dowry. The complainant alleged that his wife had died one year ago. He also alleged that 15-16 days ago, his daughter had visited him and on 31.8.1998, when he went back to his house, he was informed by his daughter-in-law Balwinder Kaur that Prema's husband Gurdeep Singh had visited their house on 31.8.1998 at 3.00 p.m. and gave abuses to Babli and at about 4.00 p.m., he under a threat took away Babli, his daughter. This had been seen by Achhar Singh and Balwinder Kaur. At about 11.00 p.m., on the same night, he was informed by Halwai Gian Singh that his daughter had died in Haroli hospital. The police officer came there and recorded the statement on the basis of which the FIR was registered. On conclusion of the investigation, the challan was filed against the appellant (husband), mother-in-law Mohinder Kaur, PW-3 and brother-in-law (Dewar) Surjit Singh, before the court of the learned Judicial Magistrate Ist Class, Court No.II, Una, who committed the case to the learned Sessions Judge. The learned Sessions Judge assigned the case to the learned trial Court, who tried the accused for the offences as detailed above. On conclusion of the trial, the husband of the deceased, namely, appellant Gurdip Singh was held guilty and sentenced as detailed above, while the remaining two accused persons were acquitted by the learned trial Court. Being aggrieved, the appellant has filed this jail appeal.

(3.) We have heard Ms.Vandana Kuthiala, Advocate, for the appellant and Mr.Vivek Singh Thakur, learned Additional Advocate General, for the respondent, and have gone through the record of the case.