SARJEET SINGH Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal under Section 374, Cr.P.C., has been directed against judgment of conviction and order of sentence dated 15.10.2003 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar in Criminal Case No. 49/2003, State v. Sarjeet Singh, whereby accused Sarjeet Singh has been convicted under Section 306, IPC and sentenced to 4 years' rigorous imprisonment and a fine of Rs. 1,000, in default of payment of fine to further undergo one month's simple imprisonment.

(2.) BRIEFLY stated, the facts of the case are that on 29.9.2002 at about 3 p.m. complainant P. W. 3 Santosh Devi lodged a written report Ex. P/7 at Police Station, Raisingh Nagar stating inter alia therein that she had got married her two nieces Reshma and Veero with Sarjeet Singh and his younger brother respectively and both the couple resided separately. On 26.9.2002, Reshma with her husband (son -in -law) came to her house and her husband told her that Reshma was found with her a filthy letter regarding illicit relation with some other person. On asking from Reshma about the letter, she replied that the letter was given to her by her uncle's daughter telling that she was illiterate. Reshma also said that on account of that letter she was beaten by her husband. The complainant then assured her of taking the matter to Panchayat after two -three days. It was further stated in the report that for the said letter on 28.9.2002 at about 4.30 p.m. Reshma was beaten by her husband, mother -in -law, Mukhtiyar Singh and his wife Manjeet Kaur and due to that Reshma consumed poison and information about that was repeived telephonically at 8 p.m. that Reshma died. Knowing about that, she reached Lalpura and on inquiry being made about the episode, no reply was given. When she asked about the matter from her other niece Veero, she told that a day before in the evening Reshma died because when she went to find out about her, she found that Reshma was being taken in a jeep and she also accompanied her upto Sameja Hospital. At that time foam and saliva was coming out of her mouth. In the hospital of Sameja, the compounder gave her treatment but after 10 minutes told to take her to Raisingh Nagar. Thereafter, Reshma was brought home at Lalupura but till then she had expired. It has further been stated that on account of beating given to Reshma by the accused and his family members in connection with the letter Ex. P/7, therefore, she had consumed poison.

(3.) DURING trial, the prosecution in support of its case examined as many as 7 witnesses and got exhibited several documents. After close of the prosecution evidence, accused was examined and his statement under Section 313, Cr.P.C. was recorded. Accused denied the allegations levelled and took the plea of alibi. He further stated that his wife had illicit relation with Kulwant Singh, which was seen by village persons and the whole village came to know about it and due to that she might have committed suicide. He also stated that a letter was given by Kulwant Singh to the Sarpanch and thereafter he also committed suicide. He claimed himself to be innocent and stated that he was falsely implicated as on the day of incident he was not at home and came to know about the incident later on. It is further stated that a letter written by Kulwant Singh was given to police by the Sarpanch. In defence, he got examined D.W. 1 Jitendra Singh, DW2 Veero, D.W. 3 Santo @ Satveer Kaur.