GURMAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment dated September 22, 1995 passed by the Judge, Special Court, SC/ST Prevention of Atrocities, Sri Ganganagar convicting the appellant accused under Section 302/498A of the Indian Penal Code and sentencing him to imprisonment for life the appeal is filed by the accused on the grounds mentioned in the memo of appeal. During the course of arguments all these grounds were reiterated by the learned counsel for the appellant. The facts giving rise to the appeal as alleged by the prosecution are that at about 10.00 p.m. on July 14, 1994 a report was lodged in the Police Station, Matili Rathan by one Balveer Singh that his son-in-law assaulted his daughter Pami at about 8 in the evening by a knife/sword (Kripan). The first information was recorded and investigation was carried on by the police thereafter, Eleven witnesses were examined by the prosecution and on appreciation of these witnesses the learned Judge came to the conclusion of guilt as proved beyond reasonable doubt by the evidence on record and he, therefore, sentenced the accused to imprisonment for life as aforesaid.

(2.) With the assistance of the learned counsel for the accused appellant and the learned Public Prosecutor we have re-appreciated the evidence on record and have rescrutinised the documents on record.

(3.) P.W. 1 Balveer Singh is the reason who lodged the first information report. He has stated that the accused is his son-in-law who was married to his daughter Amarpal Kaur alias Pammi. He states that three years after the marriage the accused started harassing his wife, daughter of the witness Pammi for dowry and money which he wanted her to bring from her father in spite of the fact that several items were given at the time of marriage and even thereafter but the torture continued which resulted in Pammi giving up her marital residence and staying with the witness. The witness then states that at about 8 p.m. on the date of the incident he heard from one Harjinder Singh that Pammi has been killed. He told the witness that the accused has assaulted Pammi with Kripan. On that the witness ran towards the site but on seeing the witness the accused ran away towards eastern side with a kripan in his hand. The witness then deposes that along with him one Pal Singh, Jogendra Singh and Pali Singh also came on the site. When they saw Pammi, she was lying on the ground and her face and head was bleeding. She was unconscious.