GURDITTA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Sept. 15, 1989 passed by the Additional Sessions Judge, Sri Ganganagar by which appellant Gurdutta Singh was convicted u/S. 304B, I.P.C. and sentenced to imprisonment for life.

(2.) Succinctly narrated the prosecution case is that Veerpal Kaur, daughter of Balwant Singh resident of Village Sunderpura, was married to appellant Gurditta Singh of Village Radewala six years prior to the date of the occurrence i.e. death of Veerpal Kaur on 16/06/1987. At the time of marriage cash, ornaments and other articles were given by Veerpal Kaur's grand mother Nihal Kaur. After one year of the marriage, the appellant and his mother Chand Kaur (Co-accused who had died during the pendency of the trial) told Veerpal Kaur's parents and brother that the gold given at the time of marriage was not sufficient. At this, ten tolas of gold was given. When the first son was born to Veerpal Kaur, there was a demand of fifteen thousand rupees but at the intervention of the Pahchas, amount of rupees twelve thousand was settled and given. That son died. Whereafter two more sons were born to Veerpal Kaur but despite demand, nothing was given from her father's side. Chand Kaur and Gurditta Singh are said to have illtreated Veerpal Kaur because of the dowry not being adequate. On 16/06/1987 Gurditta Singh had gone to the field and Chand Kaur and Veerpal Kaur were at the house. Veerpal Kaur consumed insecticide spray lying in the house. At about 10.30 a.m. Gurditta Singh being informed, came to the house and took Veerpal Kaur to Devta Nursing Home of Dr. Ravindra Pal Sharma and Dr. Kanta Sharma. Looking to her condition, the Doctor asked Gurditta Singh to take her to Government Hospital. On way to Government Hospital, Veerpal Kaur breathed her last and was taken back to the house at Radewala. Gurditta Singh went to the Police Station, Karanpur and informed about his wife having died by consuming insecticide spray. The information reduced into writing is Ex. D/ 2. At this Subhash Chandra, S. H. O. (P.W. 5) started proceedings u/ S. 174 of the Code of Criminal Procedure and went to Village-Redewala, Circle Officer Inderjit Singh (P.W. 7) along with Subhash Chandra (P.W. 5) went to the site. He inspected the site and prepared the site inspection memo Ex. P/ 10A and site plan Ex. P/10. Gurditta Singh gave to the S.H.O. one iron 'dibba' of insecticide spray lying beneath the Godrej Almirah which was taken in possession vide Ex. P/2. On 16/06/1987 at 7.15 p.m. Balvindra Singh (P.W.2), brother of the deceased gave the written report Ex. P/1 to S.H.O. Subhash Chandra (P.W. 5). On reaching Police Station at 9.30 p.m. Subhash Chandra chalked out the formal F.I.R. Ex. P/9 and registered the case. On 17/06/1987 Circle Officer Inderjit Singh (P.W. 7) went to Karanpur Hospital and prepared the inquest report Ex. P/3. He got the post-mortem examination of the dead body conducted by the Medical Board consisting of Dr. Ikbal Singh (P.W. 10), Dr. Jagtar Singh Kosa and Dr. (Smt.) Suman Dutta on 17/06/1987 at 9.30 a.m. Dr. Ikbal Singh was the Chairman of the Board. One lacerated wound 1/4 cm x 1/4 cm at lower lip mucous membrance near right angle was found on the dead body. The postmortem examination report is Ex, P/21. The cause of death according to the Doctors was due to organo phosphoras poison. The Doctors, however, reserved final opinion on receipt of Chemical Examination Report of the Reserved viscera. The iron 'dibba', clothes of the deceased and viscera taken in possession during the course of investigation were sent for the Chemical Examination. The report of the Chemical Examiner is Ex. P/24. Gurditta Singh was arrested by Inderjit Singh (P.W. 7) on 22/06/1987 vide memo ex. P/15. Chand Kaur, Mother-in-law of the deceased, was arrested on 30/06/1987 vide memo Ex. P./16.

(3.) Upon completion of necessary investigation, chargesheet against the appellant and the co-accused Chand Kaur was filed in the Court of Munsif and Judicial Magistrate, Sri- Karanpur. The learned Magistrate finding it a case exclusively triable by the Court of Session, committed the case to the Court of Session Judge, Sri Gnganagar. The case for trial reached the Court of Additional Sessions Judge No. 1, Sri Ganganagar. The learned Judge chargesheeted the two accused under S. 304B and in the alternative u/ S. 304B read with S. 34, IPC and recorded their pleas. On their denial of the charges trial proceeded. In order to substantiate its case prosecution examined eleven witnesses in all. Chand Kaur died during the pendency of the trial. In his statement u/S. 313 of the Code of Criminal Procedure, appellant Gurditta Singh denied the allegation of demand of dowry and torturing or illtreating his wife Veerpal Kaur. He stated that his wife Veerpal Kaur was insisting upon his living separate from his mother. Chand Kaur but he being the only son of his mother was not agreeing to the wishes of his wife which was causing annoyance to her. That, on receiving information at the field on the day of the occurrence, he went to the house and took his wife to Dr. Ravindra Pal Sharma at Devta Nursing Home who advised him to take her to Government Hospital. While on way to Government Hospital, Veerpal Kaur expired. He brought her back to the house and asked his mother as to what had happened and his mother told him that in the morning there was quarrel between the two ladies and Veerpal Kaur insisted upon living separate and thereafter the mother became busy in house-hold business and Veerpal Kaur consumed the spray. He informed his in-laws by sending a person in Jeep and himself went to the Police Station and informed about the incident. That, he had two children one aged 5 1/2 years and other 2 1/2 years. That, his mother-in-law and brother- in-law Balvindra Singh (P.W.2) used to tell him that he should get the land transferred in the names of his children and wife and should live separate from the mother but he refused to do so. That, Naseed Kaur (P.W. 9) had gone to Jail where he was lodged and told him that he should transfer the land in the name of the children and they will not depose against him but he refused to do so. That, his brother-in-law Balvindra Singh (P.W. 2) has filed a suit for the land in the Sub Divisional Magistrate's Court, the certified copy of which is Ex. D/ 6. That, he has never tortured or illtreated his wife. That, his wife wanted to get the land transferred in her name and in the name of her children. To substantiate the defence version three witnesses have been examined. The learned Judge placed reliance on the prosecution case and held that there was demand of dowry and on account of maltreatment Veerpal Kaur committed suicide. In view of this finding, the learned Judge convicted and sentenced the appellant as stated earlier and the appellant feeling aggrieved has preferred this appeal in this Court.