Delhi District Court
State vs Parmeet Singh Narula on 20 February, 2010
1 FIR no. 468/04 PS Punjabi Bagh
IN THE COURT OF SH. V.K. BANSAL : SPECIAL JUDGE : NDPS
ADDL. SESSIONS JUDGE : ROHINI COURTS : DELHI
S.C. No. 351/06
FIR No. 468/04
P.S. Punjabi Bagh
U/s 306 IPC
State Versus Parmeet Singh Narula
S/o Late Sh. Pritam Singh
r/o C52, Sector 39,
Noida UP
Date of Receipt : 01/05/2006
Date of Conclusion of arguments : 27.01.2010
Date of Decision : 11.02.2010
JUDGMENT :
1. The accused Parmeet Singh Narula has been chargesheeted by PS Punjabi Bagh for commission of offence under Section u/s 306 IPC.
2. Story of prosecution in brief is that accused was married to Jaspreet Kaur D/o Jaswinder Singh and Lovejeet Kaur. There was matrimonial discord between the two. Lovejeet Kaur committed suicide on 03.06.04 at about 2 AM. The FIR was registered against the accused on the basis of complaint lodged by Jaspreet Kaur. The allegations are that since marriage of Jaspreet Kaur with the accused he was continuously abusing her mother. Once he also visited the ........contd.
2 FIR no. 468/04 PS Punjabi Bagh resident of complainant wearing a Tshirt with the writing thereon that "Jassi's mother is Kamini". He also threatened the deceased that he would get her daughter kidnapped and make her prostitute . On1.6.04 accused came to the house of deceased and threatened the deceased to send the complainant back otherwise he would get complainant kidnapped and raped. He also called the deceased as prostitute and told here he knew from where she (deceased) was getting money. On the intervening night of 2/3604 at about 12.30 AM accused called up[on a telephone and abused the deceased and told her to goand die and that she has no right to live. She was a filthy woman and that she was prostitute. On this complaint investigation was carried out. After completion of investigation charge sheet was filed.
3. Learned Metropolitan Magistrate after complying the provisions of Section 207 Cr.P.C, committed the case to the court of Sessions as the offence punishable u/s 306 IPC is exclusively triable by the Sessions Court.
4. Accused was charged for the offence punishable under Section 306 IPC to which he pleaded not guilty and claimed trial. Thereafter, the case was fixed for prosecution evidence.
........contd.
3 FIR no. 468/04 PS Punjabi Bagh
5. Prosecution in order to bring home the guilt of the accused, examined 14 witnesses.
6. Sh. Maninder Singh was examined as PW1. He fully supported the prosecution case and stated that before one month prior to the death of Smt. Lovejeet Kaur, Parmeet Singh contacted the family of Jaswinder Singh on telephone asking them to call all the relatives for a family meeting. In that meeting Parmeet Singh came wearing a white colour shirt on which with black marker in bold letters it was written "Jaspreet's mother is a Kamini." On reading this all became annoyed. The accused orally repeated the words written on his shirt in the presence of all the family members of Jaspreet Kaur due to which she was disturbed. The same caused disturbance to all the family members of the Jaspreet Kuar particularly Lovejeet Kaur, who took it very hard. Lovejeet Kaur died in the first week of June 2004, two days before her death she came to him. He asked her to come inside her house so that he could accompany her to Tis Hazari courts for divorce case. She replied that she could not come inside the house as after listening so many abuses she felt like killing. She was not in a position to face her parents as she had been abused in the presence of so many members of his family. During cross examination his testimony on the aspect that accused came wearing a Tshirt with words written there on "Jaspreet's mother is kamini"
........contd.
4 FIR no. 468/04 PS Punjabi Bagh could not be shaken. He denied the suggestion that Lovejeet Kaur was a patient of depression or that she used to take medicine for the same. He denied the suggestion that Lovejeet Kaur expired due to depression or that they got a case registered to extort money from the accused. He also denied the suggestion that accused did not visit the house of Lovejeet Kaur wearing the Tshirt with the above mentioned words.
7. Sh. Jaswinder Singh husband of the deceased was examined as PW2. He stated that when he was ill the accused used to ask his daughter that from where money is being brought for treatment of her father and that her mother is a prostitute. He also used to beat his daughter. He also stated that once accused visited his house wearing a white shirt on which "Jassi's mother is a Kamini" was written. At that time his brotherinlaw namely Jogender Singh and Sh. Jaspal Singh and maternal uncle of accused Maj.Gen. Amrik Singh were present. Accused also told the deceased that she was a prostitute she has no right to live and same words were repeated to his daughter also. On the night when she committed suicide accused made a telephone call used abusive language to her. Deceased told to him that accused time and again told her that she had no right to live and was abusing her. After call his wife went to the bathroom and she burnt herself. At that time he was present in the drawing ........contd.
5 FIR no. 468/04 PS Punjabi Bagh room along with his daughter Jaspreet Kaur . He heard the cries of his wife then he rushed towards the bathroom and poured water on her. After hearing the noise his nephew Kamaljot Singh and his younger daughter Gunyanka Kaur also came there along with his brother Gurvinder Singh and neighbourers Inderjeet Singh . He removed his wife to Maharaja Agersen Hospital at Punjabi Bagh and doctor referred her to Safdarjung Hospital as no bed was available in the Safdarjung Hospital thereafter she was taken to RML Hospital. During cross examination he denied the suggestion that he demanded Rs.4,20,000/ to take back this case. He stated that his statement was recorded on 3.6.04. outside RML hospital at about 2.30 PM by SI Jai Bhagwan. He stated that he does not remember if he told the IO that his wife committed suicide due to depression. However it is mentioned in his statement dated 3.6.04 that she was patient of depression and BP and was taking medicine for the last 23 years. He also stated that he told the IO that his wife committed suicide due to the conduct of accused but this fact was not there in his statement dt.3.6.04 and he was confronted with the same. However this fact was there in the statement dt.10.6.04. He denied the suggestion that accused never said to his daughter as to from where money is being brought for the treatment of her father and that her mother is a prostitute. However it was found mentioned in his statement that accused visited their house wearing a Tshirt on which ........contd.
6 FIR no. 468/04 PS Punjabi Bagh it was found written that "Jassi's mother is Kamini." He also denied the suggestion that accused did not utter the words that she was a prostitute and had no right to live and that he did not repeat the words in the presence of his daughter. He stated that he along with his wife and daughter were sitting in the drawing room. His wife did not make any telephone but she received telephone calls. His wife was not having any mobile phone. She attended the call on the land line number 5435436, caller ID facility was not there on the telephone. There was no speaker phone on the instrument installed in his house. His wife going to the bathroom said that "accused is making repeated calls calling her prostitute telling her that she had no right to live and accused had harassed her, it has become now intolerable."
He was not knowing as to what is going to happen and therefore at that time he did not say anything to his wife . He came to know that she is in the bathroom when he heard the shouts. He denied the suggestion that no such call was made by the accused on the land line number. IO never asked him for his land line number and therefore he had not given the same to the IO. He was sitting in the drawing room when he heard the shouts from the bathroom. The bathroom was not visible from the sofa where he was sitting . He heard the shouts after about 4/5 minutes of going of his wife from the ........contd.
7 FIR no. 468/04 PS Punjabi Bagh drawing room. They were not keeping the matchbox in the bathroom as it used to remain in the kitchen but the kerosene oil might be there in the bathroom. His wife used to keep the kerosene oil in the bottle. They used to keep the kerosene oil to mix it with the finit and also for cleaning the floor. The nieghbourers themselves collected there on hearing the shouts. He denied the suggestion that he and his family members pressurized the accused that he along with his daughter Jaspreet shall settle in Australia where maternal aunt of Jaspreet Kaur was already settled. He denied the suggestion that accused never wanted to leave India. He denied the suggestion that his daughter lodged this false case only to extort money.
8. Smt. Parbhjeet Kaur was examined as PW3. She stated that deceased Lavjeet Kaur was her maternal aunt (Mamiji) and Sh. Jasvinder Singh is her maternal uncle (Mama). The marriage of their daughter Jaspreet Kaur was solemnized in October 2002 with Parmeet Singh Narula. She stated that accused used to be abusive and misbehave with her Mamiji and even on telephone, he used to abuse them. Parmeet Singh Narula used to behave very badly and also used to beat Jaspreet Kaur. She stated that her Mamiji was not able to withstand the condition of her daughter Jaspreet Kaur. Her Mamiji used to say " Beti ka isa dukh dekne se acha hai, main mar jau". One day perhaps in the year 2004, Parmeet Singh Narula ........contd.
8 FIR no. 468/04 PS Punjabi Bagh came to the house of her Mamiji. He was wearing a Tshirt, on which "Jassi's mother is Kamini" was found written. She stated that her Mamiji was very upset on seeing this. She said "Is Admi ne muje jeene nahi dena hai, kisi din maine mar jana hai is admi ki wajah se" After some days thereof, she committed suicide. During cross examination she stated that she was present in the house of Mamiji when accused came wearing a Tshirt with a writing on it "Jassi's mother is kamini". Her maternal uncle Sh. Jasvinder Singh, her husband Sh. Maninder Singh, Sh. Amrik Singh, maternal uncle of accused and some other relatives and the neighbouers were also present at that time. She does not remember whether any person from Women Organization was also there. This incident had taken place about one month prior to the death of her Aunt, but she is not sure about the period. She denied the suggestion that accused never wore a Tshirt with writing "Jassi's mother is Kamini".
9. Ms. Gursharan Kaur was examined as PW4. She stated that she knows Sh. Jasvinder Singh. He is her neighbourer. His daughter Jaspreet was married with Parmeet Singh. One day (some days before the death of Lavjeet Kaur), she and her husband Sh. Inderjit Singh were sitting in the house of Lavjeet Kaur, Parmeet Singh came there wearing a white colour Tshirt. On the front side of the Tshirt, she saw that "Jassi's mother is kamini" was written with a marker.
........contd.
9 FIR no. 468/04 PS Punjabi Bagh Abuses were also found written on that white Tshirt worn by the accused. They had a quarrel also and exchanged abuses with each other in their presence. Lavjeet was quite upset after this incident. Lavjeet said "Pareshan kar rakha hai, mera jeena haram kar diya hai" "Biradari ke samne meri beijatti kar di hai, jalil karta hai". After some days of this, Lavjeet Kaur committed suicide. During cross examination she stated that she was called by Lavjeet Kaur on telephone to come to her house. She also told her that relatives will come and there is a meeting and therefore, she called her. She does not remember if Lavjeet Kaur told her that Parmeet Singh (accused) would also come. Lavjeet Kaur, her husband, Maninder, his wife, relatives of accused perhaps Iqbal Singh and one or two more persons were also there. She stated that on the night when Lavjeet Kaur committed suicide they were in a function. They returned late night and when they woke up in the morning, they came to know about the death of Lavjeet Kaur. She does not remember the date, on which her statement was recorded by the police. Her statement was recorded in the house of Lavjeet Kaur and Jasvinder Singh was there at that time. She does not remember, if Jaspreet Kaur was also there, when her statement was recorded. She denied the suggestion that she wanted to marry her son with the daughter of Jasvinder Singh. Vol. Gagan and daughter of Jasvinder are brother and sister. She denied the suggestion that accused was not wearing ........contd.
10 FIR no. 468/04 PS Punjabi Bagh the Tshirt with the writing there on "Jassi's mother is kamini."
10.Sh. Inderjeet Singh was examined as PW5. He also fully supported the prosecution case and the testimony of PW4. He stated that accused came there wearing a white colour Tshirt. On that Tshirt "Jassi's mother is Kamini" was written. Accused started abusing Lavjeet Kaur immediately on his arrival. Lavjeet Kaur said "Sabke samne aise hi muje jalil karta rahta hai, Aur mera jena haram kar diya hai". He stated that he did not notice whether there were other abuses written on the Tshirt of the accused. Besides him, Lavjeet Kaur, Jasvinder Singh, Maninder Singh, his wife Reena (nickname) and maternal uncle of accused, were there. Some other relatives of the accused were also there, whom, he was not knowing. Lavjeet Kaur made a telephone call to his wife and told her that there is a meeting in her house and asked her to come along with him, therefore, he along with his wife went to the house of Jasvinder Singh. The meeting was about Parmeet Singh Narula, the accused. All the persons whom he named above, were already there before the arrival of accused.
11. Dr.Amit Gupta was examined as PW6. He was working in Maharaja Agersen Hospital and was deputed to depose in place of Sunil Kumar and he proved the MLC of the deceased as Ex.PW6/A according to ........contd.
11 FIR no. 468/04 PS Punjabi Bagh the MLC patient was unfit to make statement and her thumb impression could not be taken due to 100 % burn injuries. During cross examination he stated that he cannot say what was the chemical used. It could be identified only after viscera examination. In 100 % injuries the skin is totally damaged and nothing can be said if there were bruises.
12. ASI Sultan Singh was examined as PW7. He was working as duty officer. He stated that on 10.6.04 on the basis of rukka he recorded the FIR in this case and proved the copy of FIR as Ex.PW7/A and DD No.31A regarding registration of FIR and was proved as Ex.PW7/B.
13.SI Ramesh Thakur was examined as PW8. He stated that on 15.10.2004 investigation of the case was assigned to him. He collected the file from the MHCR and studied the file. On 16.10.2004, he received a stay order passed by the Hon'ble High Court from the Reader to SHO, PS Punjabi Bagh. he was directed to file status report in the Hon'ble High Court according to the order, on or before th 18 January 2005. Status report was submitted before the Hon'ble High Court on 18.01.2005 and the proceedings were attended by SI nd Ishwar Singh. On 2 February 2005, he was transferred from the PS Punabi Bagh to Distt. Line and he handed over the file to MHCR. The certified copy of the order dated 06.10.2004 is proved as Ex. PW8/A ........contd.
12 FIR no. 468/04 PS Punjabi Bagh and certified copy of the status report is as Ex. PW8/B.
14. Dr. Manoj Dhingra was examined as PW9. He proved the post mortem report as Ex.PW9/A. According to the report the cause of death was shock as a result of wide spread antemortem burn. During cross examination he stated that he cannot tell the chemical used in the burn.
15.HC Javar Singh was examined as PW10. He stated that on 3.6.04 on receiving DD no.38A he along with ASI Jai Bhagwan Singh went to Maharaja Agersen hospital where Lavjeet was declared unfit for statement and she was referred to RML hospital. He also visited the house No.31, N.W.A. Punjabi Bagh Extension Delhi along with ASI Jai Bhagwan and went to the bathroom from where they collected burnt pieces of clothes and one empty bottle of kerosene oil which were seized vide seizure memo Ex.PW9/A. He also identified that property. He also stated in the cross examination that the liquid which was in the bottle was kerosene oil.
16. Ms. Jaspreet Kaur was examined as PW11. She stated that she was married with accused Parmeet Singh Narula. He used to make telephone calls to her and her mother and abused them on telephone and in person as well. Once he came to at her premises at Punjabi ........contd.
13 FIR no. 468/04 PS Punjabi Bagh Bagh, but date she does not remember, it was few days of the death of her mother i.e. 03.06.2004, wearing a Tshirt with writing thereon "Jassi's mother is kamini". Vinod Sharma also came to her premises along with accused and told her mother to send her back, otherwise he would get her picked up and raped. Vinod Sharma and accused called her mother a "Prostitute" and asked her from where she got the nd rd money. In the night intervening 2 /3 June 2004, the accused made a telephone call to her mother at about 12.30 am and told her that she had no right to live and that she should go and die. He called her mother "Prostitute" and a "Filthy Women". Soon after this telephonic conversation, her mother went ahead and committed suicide. Accused tortured her mother to such an extent and subjected her to harsh cruelty that she committed suicide. During cross examination she denied that she and her father demanded additional amount of Rs. 4.20 lacs, after the registration of this case. She stated that family members of her Chacha were the first to arrive at the scene of crime. She denied the suggestion that her mother was suffering from hypertension and depression. She stated that her mother was hale, hearty and strong woman. Her father was having chest infection. She cannot say, if she mentioned in the divorce petition filed in January 2005, that accused came wearing a Tshirt, on which it was written "Jassi's mother is kamini". The certified copy of the divorce petition is proved as Ex. PW11/D5, wherein this fact was not mentioned. She ........contd.
14 FIR no. 468/04 PS Punjabi Bagh denied the suggestion that she deposed falsely that accused used to spit on her face. She does not remember how many meetings she had with the accused after separation till her mother committed suicide. She denied the suggestion that accused did not visit her residence after she had a meeting with the accused in the presence of representatives of National Federation of Women. She does not remember the date, when the accused visited her residence thereafter. She had one more meeting with the accused after the meeting in the presence of representatives of National Federation of Women, but in that meeting, the conduct of accused was so cruel that his family members were called to discuss the conduct of the accused. Major General Amrik Singh and his wife came to their residence to discuss the conduct of the accused. But she does not remember if any body was also present from the side of the accused. She, her father, her mother, her cousin Prabhjeet Kaur, her husband Maninder Singh, their neighbourer Inderjit Singh Uncle and Gursharan Kaur were present. Some other persons were also present, but she is not able to recall their names. She denied the suggestion that Vinod Sharma and accused never said to her mother to send her back, or they will pick her and rape. She denied the suggestion that accused and Vinod Sharma never called her mother prostitute. She denied the suggestion that accused did not make any nd rd call on their landline number on the intervening night of 2 and 3 ........contd.
15 FIR no. 468/04 PS Punjabi Bagh June 2004. She also denied the suggestion that accused did not tell her mother that she had no right to live. She denied the suggestiont that accused never repeated these words in the presence of their relatives and friends. She also denied the suggestion that accused never asked her family members to pay the EMI of Rs. 8,000/. She denied the suggestion that accused never gave her beatings. After hearing the shouts of her mother, they rushed towards the bath room. Her father was ahead of her, when they rushed towards the bath room. She did not sustain any burn injuries. She does not know if her father sustained any burn injuries. She denied the suggestion that her mother had committed suicide because of depression. She had not seen her mother going to the bathroom. She after hearing the telephone, told them the conversation, she had on telephone with accused and then she stated that she cannot tolerate it and left the room uttering these words and soon after we heard the shouts of her mother. She does not remember, if she mentioned in divorce petition filed in January 2005 that Vinod Sharma also came with the accused.
17. Dr.Raj Kumar was examined as PW12. He proved the death report of deceased as Ex.PW12/A.
18.SI Mukesh Kumar was examined as PW14. Further investigation was assigned to him on 23.6.05. He recorded the statement of ........contd.
16 FIR no. 468/04 PS Punjabi Bagh witnesses and filed the charge sheet. Thereafter PE was closed.
19.Statement of accused was recorded u/s 313 Cr.P.C, wherein he denied the allegations and stated that he is innocent and has been falsely implicated in this case. He admitted that he was married with Jaspreet Kaur. He stated that he never wore Tshirt and said these words . The allegations again are an after thought. Complainant in her divorce petition filed on the ground of cruelty has not mentioned any such incident. Jaswinder in his statement to the IO has not mentioned any such incident. These allegations are contradictory within the witnesses itself. A petition for divorce by mutual consent was filed on 13.5.04. All articles were also returned on the same day. There was no communication on his part to Jaspreet Kaur or any of her family members, thereafter whatever communication used to happen was between the counsels from both sides. .Moreover, the phone number, which Jaswinder Singh has stated, where the alleged phone calls were received, never existed in their house. This is a false allegation as an afterthought after seven days of Lavjeet Kaur's death, merely to extort money. Jaspreet Kaur is in the habit of giving such false statements against him. She had earlier given another complaint on 05.05.2004 regarding the destruction of her passport, whereas she traveled on the same passport to Australia. He wished to lead evidence in his defence.
........contd.
17 FIR no. 468/04 PS Punjabi Bagh
20.Inspector Rajinder Singh was examined as DW1. He was SHO in the year 2004 in PS Punjabi Bagh. Defence cousnel had shown one complaint Ex.PW11/A to him and asked if it was written in his presence. He told that it was not written in his presence. He also stated that he cannot say if Ex.PW1/DB is in his hand writing.
21. HC Satbir Singh was examined as DW2 who stated that no record of any complaint made by Jaspreet Kaur against Parmeet Singh Narula on 5.6.04. is available with him.
22. Sh. Dev Kumar was examined as DW3. He is supervisor (record) MTNL Office. He stated that telephone no.5435436/25435436 became operational on 01 February 1991, General with STD in the name of Sh. Jaswinder Singh at 31, North West Avenue, Punjabi Bagh, New Delhi. On 18.6.04 the number was shifted to Punjabi bagh Exchange and the new number allotted was 25225436 in the name of the same party at the same address.
23.Sh.Rajesh Ahlmad in the court of Sh. Ashish Agarwal Ld. MM Delhi brought the file of DD No.12A U/s 182 Cr.PC PS Punjabi Bagh titled as State Vs. Jaspreet Kaur. Thereafter accused closed his defence evidence.
........contd.
18 FIR no. 468/04 PS Punjabi Bagh
24. I have heard learned Additional Public Prosecutor for the State, Ld. counsel for the complainant, Ld. Defence counsel for the accused and perused the record. Ld. Counsel for the complainant as well as ld. Cousnel for the accused filed written arguments.
25.Learned Addl. PP for the State submitted that prosecution to prove its case examined 14 witnesses. PW11 is the complainant. Her statement throughout is very consistent. She is also reliable . Her statement is corroborated by other witnesses. PW11 in her statement categorically stated that "in the night intervening 2/3/6/04 the accused made a telephone call to her mother at about 12.30 am and told her that she had no right to live and that she should go and die. He called her mother "a Prostitute" and a "Filthy Women". Soon after this telephonic conversation, her mother went ahead and committed suicide." PW11 has further stated that he (accused) continuously told her mother that she has no right to live she should go and die. She had further stated in her cross examination that "she after hearing the telephone , told them the conversation, she had on telephone with accused and then she stated that she cannot tolerate it and left the room uttering these words and soon after they heard the shouts of her mother."
This clearly shows that the defence has failed to impeach the credibility of PW11 and in her cross examination she has ........contd.
19 FIR no. 468/04 PS Punjabi Bagh categorically stated the immediate cause of death and consequences of telephone call made by the accused. Testimony of PW11 is corroborated by her father PW2 who stated that :
"accused told his wife that she was a Prostitute, she had no right to live and same was being repeated to his daughter. Accused had made a telephone call to his wife on the night when she committed suicide and used abusive language for her. His wife told him that the accused has time and again told her that she had no right to live and was abusing her."
He also stated that "after telephone call his wife went to the bathroom and she burnt herself at that time he was present in the drawing room along with his daughter Jaspreet Kaur. He heard the cries of his wife then he rushed towards the bathroom poured water on her." After hearing the noise his nephew Kamaljot Singh and his younger daughter Gunyanka Kaur came there along with his brother Gurvinder Singh and neighbourers Inderjeet Singh."
26. Ld. Addl. PP submitted that the statement of PW2 is also consistent through out. During cross examination he reiterated that ........contd.
20 FIR no. 468/04 PS Punjabi Bagh "His wife going to the bathroom said that accused is making repeated calls calling her prostitute telling her that she has no right to live, it has become now intolerable."
27. Both the witnesses have corroborated each other and specifically stated it was the accused who abetted the deceased to commit suicide. It has been proved by the defence itself that telephone number was installed at the residence of PW2 and was also in working order. It was also in the name of PW2 report in this regard is Ex.DW3/1. The other witnesses PW1,3, 4 and 5 have also categorically stated that about one month prior to the incident accused came to the house of deceased wearing a shirt on which it was written that "Jassi's mother is Kamini" and also abused the deceased. Accused also stated that deceased has no right to live and that deceased is a prostitute and filthy woman. After some days thereof, she committed suicide. Therefore cruelty and abetment was continuous. There is no other reason as to why deceased who was 45 years of age and was a happily married women would commit suicide. It is all because of act and omission on the part of the accused that deceased has committed suicide. Accused called deceased "Kamini", abused her in the presence of her relatives and neighbourers and upset the deceased. It has come in the testimony of all the PWS and their statements are also consistent. PW4 has ........contd.
21 FIR no. 468/04 PS Punjabi Bagh specifically stated that Lavjeet Kaur said that "Pareshan kar rakha hai, mera jeena haram kar diya hai" "Biradari ke samne meri beijatti kar di hai, jalil karta hai" Credibility of PW4 could also not be impeached. Ld. Counsel submitted that all these witnesses have stated that accused came wearing Tshirt on which Jassi's mother is Kamini was found written.
28.Ld. Addl. PP further submitted that so far as delay in making the complaint is concerned. Death has taken place on 3.6.04 the complaint is lodged on 8.6.04 . According to the case though PW2 stated that he gave the statement that Lavjeet Kaur committed suicide due to the conduct of accused, but there is no mention in that statement mark X1 that deceased committed suicide due to conduct of accused. PW2 stated that he told this fact also to the police. Ld. Addl. PP submitted that even after the receipt of complaint on 8.6.04 police did not register the case till 10.6.04 this itself shows that police was not taking any action that is why even after receiving the complaint they did not register the FIR. This itself explain the delay and shoddy investigation conducted by the police. PW2 has also stated that he was made to sign certain documents at the behest of the SHO. SHO was called by accused but he was not able to identify his hand writing. This itself shows that police was in the process to get the case compromised instead of registering the FIR and also did ........contd.
22 FIR no. 468/04 PS Punjabi Bagh not send the bottle recovered from the scene of crime to FSL or to call Executive Magistrate to get statements recorded. Ld. Addl. PP submitted that prosecution has fully discharged its onus and proved the guilt of the accused beyond all reasonable doubt and it was accused who instigated her and abetted her to commit suicide by abusing her repeatedly calling her prostitute defaming her in the presence of relatives and neighbourers when he came to her residence wearing a Tshirt with writing thereon "Jassi's mother is Kamini". He also made the telephone call at 12.30 AM in the night when he abused her and asked her to commit suicide. Both PW2 and 11 stated that after attending the call she told them about conversation she had with accused. According to PW11, accused told her that she had no right to live and she should go and die. He called her prostitute and filthy woman. PW2 stated that accused asked his wife that she was prostitute . She had no right to live and while going to the bathroom she stated that he is making repeatedly calls calling her prostitute telling her that she was a prostitute and she was a filthy woman. She could not tolerate the same and committed suicide.
29.Ld. Addl. PP submitted that this testimony and facts clearly show that it was accused who abetted the commission of the offence resulting in the death of Lavjeet Kaur. It is prayed that onus which was on the ........contd.
23 FIR no. 468/04 PS Punjabi Bagh prosecution has fully been discharged and accused may he held guilty and convicted.
30.Ld. Defence counsel submitted that onus which was on the prosecution was not fully discharged. Prosecution has not been able to prove that it was accused who abetted the commission of the offence. Ld. Counsel submitted that both the PW2 and 11 stated that the deceased had gone to the bathroom at about 12.30 AM where she committed suicide. Whereas crime team report Ex.PW13/B shows that incident took place at 2 AM. Even in Maharaja Agersen hospital in the MLC Ex.PW6/A time of arrival of the injured to the hospital is 2.20 AM. Ld. Counsel submitted that it is apparent that both PW2 and 11 who are the interested witnesses were either not present at the time when deceased went to the bathroom or they have deliberately made false statements in order to save PW2, who should have been the natural and prime suspect in this case. Ld. Counsel submitted that on 3.6.04 PW2 first gave his statement to the IO and stated that deceased was the patient of depression and high B.P. This is mentioned in his statement dt.3.6.04 and also in DD No.19A dt.3.6.04 Ex.PW13/D1. Ld. Counsel further submitted that charge sheet was hurriedly prepared by allegedly recording the statements of the four witnesses on one date that is 22.9.04 Ex.PW1/D1, Ex.PW3/D1, PW4/D1 and Ex.PW5/D1. This was done ........contd.
24 FIR no. 468/04 PS Punjabi Bagh with an intention to make the petition of the accused infructuous as after preparing the charge sheet the same was to be first examined by this Hon'ble court. Ld. Defence counsel further submitted that IO has deliberately withheld the evidence to prevent the accused to prove his innocence. According to the record the crime team visited the scene of crime soon after the incident and submitted the report Ex.PW13/B in which it is mentioned that Scene of crime was disturbed/ Even photograph of the place of incident not placed on record by the IO. The members of the crime team have also not been made witnesses. The IO did not try to find out if the alleged phone call was made by the accused to the land line by inquiring from the phone exchange and thereby withheld the best evidence. IO did not seal the bottle and clothes of the deceased and did not send the same to FSL for analysis. No investigation was carried out as to what transpired between 12.30 to 2 AM. There is delay in lodging the FIR as incident had taken place on 3.6.04 but FIR was lodged on 10.6.04. There is no explanation as to why there is delay. Due to the delay in lodging FIR the case of prosecution has become doubtful, the benefit of same be given to the accused and he be acquitted. Ld. Counsel in support of his arguments relied upon judgments cited as Balakha Singh Vs. State AIR 1975 SC 1962 , Meharaj Singh Vs. State(1994 5 SCC 188), Thulia Kali Vs. The State of Tamil Nadu (AIR 1973 SC
501), Ram Jag and others V. The State of U.P.(air 1974 SC 606), ........contd.
25 FIR no. 468/04 PS Punjabi Bagh Ramesh Baburao Devaskar & Ors. Vs. State of Maharashtra 2007 2007(12) SCALF. 272, Naraini Devi Vs. State, (1992) DMC 413, 46(1992).
31.In the present case also there is delay of seven days which is fatal to the prosecution case. It is also important to mention that complainant was ready to withdraw the case if accused agree to pay additional amount of Rs.4.20 Lacs to the complainant, this itself create doubt about the entire story. According to the prosecution case deceased committed suicide by pouring kerosene oil but bottle of kerosene oil was found in the kitchen as mentioned in the seizure memo Ex.PW9/A. Whereas IO tried to cover up the finding by stating that bottle was found between bathroom and the kitchen. This is in sharp contradiction of PW2 who stated that kerosene bottle used to be in bathroom and was in bathroom when deceased committed suicide. This further support defence stand that IO had colluded with complainant to bring out a version of story which is consistent with other witnesses rather than bringing out the true story of what actually occurred on that fateful night. Ld. Defence counsel submitted that IO did not try to find out that why and how deceased got 100 % burn injury. PW2 and 11 stated that they doused the flame but they have not sustained any burn injury in the process of saving which clearly shows that PW2 and 11 in fact saved themselves and not the ........contd.
26 FIR no. 468/04 PS Punjabi Bagh deceased.
32.Ld. Defence counsel submitted that all the witnesses have also contradicted each other. Only PW1 and 11 stated that words prostitute was used by the accused but none of the other witnesses stated so. According to PW2 neighbourers PW4 and 5 also came there but they denied the same. They stated that they had gone to attend some function and reached late night they could not reach the place of occurrence. . PW4 and 5 also contradicted each other. PW4 stated that there was some abuses besides Jassi's mother is Kamini were found written. PW5 stated that he does not remember if there were other abuses also. PW1 in his examinationinchief stated that alleged incident of accused wearing Tshirt with writing Jassi's mother is Kamini occurred one month before the death of the deceased. In his cross examination he stated that there was a gap of two months between the two incidents. PW3 is not sure about the gap between the incident and date of death. PW4 does not remember the date and according to her this incident taken place some days before the death. According to PW5 it has occurred 10/15 days prior to the death of the deceased. Ld. Counsel submitted that testimony of PW1 and 3 is in fact on the basis of the hear say. Similarly the alleged incident of telephone call by the accused is absent in the testimony of all the witnesses. Ld. Counsel submitted that there is nothing on record that ........contd.
27 FIR no. 468/04 PS Punjabi Bagh accused in any manner abetted the commission of offence .
33.PW2 improved upon his statement in his cross examination in front of this Hon'ble Court on 12.03.2009, where he says that, "My wife going to the bathroom said that accused is making repeated calls calling me prostitute telling her that she had no right to live and accused had harassed her". On being further cross examined he said that, "I do not know if my wife straightaway went to the bathroom from the drawing room where she was sitting with me".
34.PW11 had her own version of the alleged incident when she told that, nd rd "In the night intervening 2 / 3 June, 2004, the accused made a telephone call to my mother at about 12.30 a.m., and told her that she had no right to live and that she should go and die. He called my mother "a prostitute" and a filthy women".
35.That the statements given by Prosecution Witnesses are inconsistent, vague and none of the allegations is backed by date and time. The witnesses were tutored and interested witnesses and it is apparent from their statements that they had no personal knowledge about the allegation leveled against the accused, and it is proved on record that the Witnesses had given false statements at the behest of complainant/complainant's father.
........contd.
28 FIR no. 468/04 PS Punjabi Bagh
36. Ld. Counsel submitted that Section 306 of the Indian Penal Code, reads as under :
Abetment of suicide If any person commits suicide whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
37. S. 107 of the Penal Code which deals with the abetment of a thing, reads as under :
107 Abetment of a thing. A person abets the doing of a thing, who First - Instigates any person to do that thing; or Secondly Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing : or Thirdly Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1. A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that ........contd.
29 FIR no. 468/04 PS Punjabi Bagh thing.
Explanation 2. Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.
38. Ld. Counsel submitted that the Prosecution failed to prove on record that the accused had incited or encouraged the deceased to commit suicide. Sections 107 and 306 of I.P.C. have been interpreted in a catina of cases by the Hon'ble Supreme Court and the Hon'ble Delhi High Court. Ld. Counsel relied upon the judgment of Sanju alias Sanjay Singh Sengar Vs. State of M.P. : 2002 Cr.L.J. 2796. Hon'ble Supreme Court observed that, "......Even if we accept the prosecution story that the Appellant did tell the deceased, to go and die, that it self does not constitute the ingredients of instigation........"
"It is common knowledge that the words uttered in the quarrel or in a spur of the movement cannot be taken to be uttered with mens rea....."
39. Swamy Prahaladdas Vs. State of M.P. & Anr., 1995 Supp. (3) SCC 438, the appellant during the quarrel is said to have remarked the deceased 'to go and die'. Hon'ble Supreme Court was of the view ........contd.
30 FIR no. 468/04 PS Punjabi Bagh that mere words uttered by the accused to the deceased 'to go and die' were not even prima facie enough to instigate the deceased to commit suicide.
40. In the following matters it was held that the words uttered during quarrel or a fight preceded by suicide of person do not constitute abetment.
(i) Roop Kishor Madan Versus State: 89 (2001) DLT 150
(ii) Taposi Chakervarti Vs. State : II (2000) DMC 558
(iii) Mamta Sahu Vs. State : 2006(1) C. C. Cases (HC) 18
(iv) Suraj Prakash Vs. State of Delhi:
(v) Sonti Rana Krishna Vs. Sonti Shanti Shree and Ans. :
(2009) 1 SCC 554
41. In the following matters apart from holding that words uttered under quarrel, or a fight preceded by suicide of person do not constitute abetment, it was held that there is a distinction between "harassment" and "abetment" and opined that merely the fact that suicide could not have been committed without the provocation of accused is not enough to constitute abetment:
........contd.
31 FIR no. 468/04 PS Punjabi Bagh
(i) Mahendra Singh & Ans. Vs. State of M.P.
1995 Supp.(3) SCC 731
(ii) Bhagwan Das Vs. Kartar Singh & Ors. 2007
(3) JCC 1738
(iii) Sohan Raj Sharma Vs. State of Haryana 2008
AIR 2108
42. In Brij Lal And Anr. Vs. State (Delhi Admn.) 27 (1985) DLT 356, wherein motherinlaw of the accused had committed suicide and two dying declarations , alleging "illtreatment", "neglect", "humiliation" and that she should "die by drowning in Yamuna were on record. The Hon'ble Delhi High Court observed that, ".....It is an unusual case of motherinlaw having been allegedly driven to put an end to her life on account of maltreatment by the son and the daughterinlaw....."
and further that, "What may justify public condemnation or the morally improper need not necessarily be legally actionable or be culpable in criminal law or call for police intervention...." (Para 14) And further that Hon'ble High Court in para 16 differentiated between the suicides committed by a bride and the motherinlaw and observed that, ........contd.
32 FIR no. 468/04 PS Punjabi Bagh ".....The two cases do not appear to me to have a parallel." (Para16)
43. Hon'ble High Court further held that, "It is no doubt very unfortunate that a widow in the evening of her life became a victim of selfimmolation because she thought she was being unjustifiably neglected and even humiliated".
44. That while cross examination when the husband of the deceased (PW2) was asked a pointed question that why didn't he try to save his wife when allegedly his wife told him that accused had allegedly asked her to commit suicide. To this, PW2 responded by saying that he didn't say anything to his wife as he was not sure what is going to happen. This shows that even PW2 himself did not think at that moment that the alleged provocation was a reason enough to commit suicide, leave apart the definition of "abetment" as read in Section 306 taken together with Section 107 of IPC.
45. Ld. Counsel submitted that even PW2 was specifically asked as to why he did not try to save his wife when allegedly his wife told him and PW2 stated that he did not say anything to his wife he was not sure what is going to happen. Ld. Counsel submitted that this clearly ........contd.
33 FIR no. 468/04 PS Punjabi Bagh shows PW2 did not think at that moment that the alleged provocation was a reason enough to commit suicide, leave apart the definition of "abetment" as read in section 306 taken together with section 107 of IPC.
46.Ld. Counsel submitted that prosecution has failed to show that there was any instigation and abetment on the part of accused to commit suicide. It is prayed that accused be acquitted.
47. After going through the records I found that so far as delay in lodging the FIR is concerned here the case is to be seen from many angles PW11 lost her mother and PW2 lost his wife that also in the incident of burn. PW2 specifically stated that he told the police that his wife committed suicide due to the act of accused . PW11 stated that she was not in a fit state of mind. It was only on 8.6.04 that she lodged the complaint but despite that police did not register the FIR. It was only on 10.6.04 that also after great persuasion and meeting with the DCP that FIR could be registered. Witnesses have clearly stated that police was not doing anything which is also evident from the fact that even the exhibits lifted from the spot were not sent to FSL by the IO. He even did not mention the witnesses of the crime team in the list of the witnesses. The fact that despite having complaint of 8.6.04 FIR was registered on 10.6.04 speaks volume for itself. Under the ........contd.
34 FIR no. 468/04 PS Punjabi Bagh circumstances when police was not doing their duty they should have done in my opinion delay in lodging FIR does not by itself mean that it is a concocted story. There cannot be a yard stick that delay in every case is fatal to the prosecution. It has to be seen in the light of facts and circumstances of each case. Keeping in view the peculiar facts of the case, I do not find any reason that on this ground alone, the case has to be thrown.
48. No doubt in this case investigation has not been properly carried out. The report of the crime team was not placed on record. Even photographs of the place of crime were not placed on record. This itself shows that how casually the investigation was carried out and charge sheet was filed. However later on the crime team report was taken on record. Ld. Counsel submitted that in the crime team report it is mentioned that scene of crime was disturbed. It is important to mention here that scene of crime is a place where a lady committed suicide by burning. PW2 and 11 poured water on her to extinguish the fire thereafter they along with other persons removed her to hospital and in the process it was natural that the scene of crime got disturbed. Ld. Counsel stressed upon the point as to how kerosene bottle reached the kitchen . He in this respect also relied upon the testimony of PW2. I have gone through the testimony of PW2 who has stated that they used to keep kerosene oil in the house to mix it ........contd.
35 FIR no. 468/04 PS Punjabi Bagh with finit and to clean the floors of the house. He no where stated that kerosene bottle was always kept in the bathroom or in the kitchen. He stated that kerosene oil might be there in the bathroom.
49. It is well settled law that shadow investigation or negligence on the part of the IO cannot be made the basis of acquittal, if otherwise prosecution witness establish the guilt of the accused. In having this opinion, I am fortified by the judgment cited as Ram Bihari Yadav vs. State of Bihar 1998 (4) SCC 517 and Amar Singh vs. Balvinder Singh and others 2003 (2) SCC 518.
50. In this case, I am not discussing the facts relating to the marital discord between the accused and his wife as the same are not relevant for deciding the issue. Only issue is whether, the act and conduct of the accused was such, which can be said to be falling within the four corners of abatement. If, we see the statement of PW 1, 2, 3, 4 and 5 and 11, we found that all the witnesses have specifically stated that accused visited the house of the deceased when the neighbourers and other relatives were there. The neighbourers were examined as PW3 and PW4 and the other relatives were examined as PW1 to PW3 and there were also some more persons and relatives of the accused. There accused came wearing a Tshirt, on which words "Jassi's mother is kamini" were ........contd.
36 FIR no. 468/04 PS Punjabi Bagh found written in bold letters. All these witnesses including, PW2 and 11 stated that accused also uttered these words in the presence of all the persons there. The testimonies of these witnesses with respect to this fact could not be impeached during crossexamination. It has also come in the testimonies of all the witnesses that deceased was very much disturbed after this incident. The testimonies of PW1 and PW3 in this respect is very important. They stated that she was very much disturbed. PW4 and PW5 were also there and PW4 stated that after the incident, the deceased stated that "Pareshan kar rakha hai, mera jeena haram kar diya hai" "Biradari ke samne meri beijatti kar di hai, jalil karta hai", and similar is the evidence given by PW5, who stated that after this incident, Lavjeet Kaur stated that "Sabke samne aise hi muje jalil karta rahta hai, Aur mera jena haram kar diay hai"
51. It is important to mention that deceased was a married lady having married daughter and her relatives and relatives of her daughter were also there and in the presence of all those persons, the accused had come wearing the Tshirt on which "Jassi's mother is kamini" were written in bold letters and he also abused her. PW5 has also stated that accused started abusing Lavjeet Kaur immediately on his arrival. Other witnesses have also stated so that there was exchange of abuses and he also uttered the words "Jassi's mother is Kamini".
........contd.
37 FIR no. 468/04 PS Punjabi Bagh PW1 and PW11 also stated that accused called her prostitute. For a woman, it is a matter of great mental agony if some one calls her Kamini publically and that also in the presence of her relatives and neighbourers. The accused has also gone to the extent of her calling prostitute, that also in the presence of her entire family, relatives and neighbours. . This word itself in my opinion, is able to disturb any family woman. PW2 and PW11 has specifically stated that on the intervening night, accused made a call, which was attended by her mother. Both these witnesses stated that after attending the call, she told them that accused had time and again told her that she had no right to live and was abusing her. The accused also asked his wife that she was a prostitute, so she had no right to live. PW2 during crossexamination stated that "my wife going to the bath room stated that accused is making repeated calls calling me prostitute and that she had no right to live and accused had harassed her and it has not become intolerable." PW11, who was also there in the room, at that time, stated that her mother told her that accused told her on phone that she is prostitute and is a filthy woman and she had no right to live and that she should go and die. Immediately thereafter, she committed suicide. As mentioned above, calling a woman a prostitute itself is sufficient enough to disturb any person and this was repeatedly done by the accused as deposed by the witnesses. The deceased has also stated that it has now intolerable for her.
........contd.
38 FIR no. 468/04 PS Punjabi Bagh Testimonies of PW2 and PW11 is inconsistent on this point and the words told by the deceased immediately before her death relates to her cause of death, which are admissible under law. It is also relevant to mention here that credibility of PW2 and PW11 could not be shaken by the defence during lengthy crossexamination. It defer from person to person as to what would a strong instigation for a person, which would amount to abetment to commit suicide. It is important to mention here that these words were not mentioned or stated in spur of moment, but it was constant abuses and harassment of the deceased by the accused as he was repeatedly calling her and telling her that she is prostitute and even in the present of her neighbourers and relatives, he called her prostitute. No doubt, a single instance or any words stated in the heat or in spur of moment, would not amount to causing abetment to commit suicide, but regular conduct spread over many days repeatedly calling a woman prostitute and asking her to go and to commit suicide and she is a filthy woman calling her kamini and prostitute in the presence of her relatives and neighbours, in my opinion is sufficient enough to fall within the category of abetment. It is not only physical act but it involves a mental process of instigating a person or intentionally aiding that person is doing of a thing in the present case "suicide". There is no such evidence that deceased was hypertensive to ordinary petulance. The record shows that both the families were ........contd.
39 FIR no. 468/04 PS Punjabi Bagh educated and having reputation in society. Under such circumstances, the accused regularly calling her a prostitute and also before her relatives and neighbourers and humiliating her regularly and then at night again calling her prostitute and a filthy woman,in my opinion amounts to aiding of instigating the lady to commit suicide.
52. Learned defence counsel has tried to make out a case that there are discrepancies in the testimonies of the witnesses about the incident of Tshirt as to when it happened, but in my opinion this is a minor contradiction as to date, all the witnesses are consistent on the fact that the accused came there wearing a Tshirt with the words written "Jassi's mother is kamini" In my opinion, it is not material if a witness says that it was 15 days prior to the incident and other witnesses says that it was one month prior to the incident and another witness stated that he does not remember as to when it happened, but it was prior to the date of incident. It is, in my opinion, a minor contradiction not going to the root of the case. There are also minor contradictions as to whether, there was any other abuses written on the Tshirt as deposed by PW4 or not, but again it is not of much importance when all the other witnesses stated that words "jassi's mother is kamini"
was found written in bold letters.
53. Learned counsel has also submitted that according to the report of ........contd.
40 FIR no. 468/04 PS Punjabi Bagh the crime team Ex. PW13/D1, time of incident is 2.00 am, whereas PW2 and PW11 told that it was 12.30 am. It is important to mention here that 12.30 am, is the time, when the call was received by the deceased. Thereafter, deceased had talked with the accused as deposed by the witnesses and after attending the telephone call, she also told all these facts to PW2 and PW11 and it was only thereafter that she left the drawing room and committed suicide. Therefore, it cannot be said that it was exact 12.30 am, when she committed suicide as argued and pointed out by the learned defence counsel.
54. Ld. Defence counsel has also submitted that PW4 and PW5 stated that they did not reach the house of the deceased on hearing the cries as they were out to attend the function, in my opinion, this also does not make a difference as the wife of PW2 was lying in burnt condition and he along with his daughter was busy in removing her to the hospital. Under the circumstances to expect from PW2 and PW 11 to keep the details of the person who visited their house immediately after the incident is not feasible. In my opinion much importance can not be attached to the statement of PW2 that PW4 and PW5 also came there after the incident. Even otherwise, PW4 and PW5 are not the witnesses of the scene of crime or of this incident. Ld. Defence counsel has also stated that none other witnesses except PW2 and PW11 has stated about the telephone ........contd.
41 FIR no. 468/04 PS Punjabi Bagh call, but I do not find anything strange in this as there were only PW 2 and PW11, who were present at the house at the relevant time and none else and therefore, it was in the testimony of PW2 and PW11 only and not in the testimony of the other witnesses. Learned defence counsel also stated that no such telephone call was made and that telephone number was never in existence or installed at the house of deceased, but defence itself examined DW3, who stated that this telephone was installed at the house of deceased in the name of PW2 and was also in working order, therefore, I do not find any merit in this contention that this telephone was not installed there and therefore, question of making any such telephone call does not arise.
55. Learned defence counsel submitted that deceased committed suicide as she was suffering from depression and blood pressure. It is important to mention here that none of the witnesses examined by the prosecution, stated that she was suffering from depression or B.P. All the witnesses have denied the suggestion that she was suffering from depression. PW2 stated that she was taking medicine for controlling blood pressure, but there is no such medical evidence brought by defence or by the prosecution that she was either suffering with depression that also to the extent that she was prone to commit suicide.
........contd.
42 FIR no. 468/04 PS Punjabi Bagh
56. As discussed above, all the witnesses have specifically stated that the behaviour of the accused towards the deceased was very hostile and he used to call her Kamini and prostitute and he also come to her house wearing a Tshirt, with words written thereon, "Jassi's mother is Kamini". He also immediately before the commission of offence, called the deceased on telephone and told her that she has no right to live, she should go and die and that she is a filthy woman and that she is a prostitute, which in my opinion, falls within the category of abeting the commission of offence. I, therefore, hold the accused guilty u/s 306 IPC and he is convicted accordingly.
Announced in open Court
on today i.e. 11.02.2010 (V.K. BANSAL)
ADDL. SESSION JUDGE
ROHINI : DELHI
........contd.
43 FIR no. 468/04 PS Punjabi Bagh
IN THE COURT OF SH. V.K. BANSAL : SPECIAL JUDGE : NDPS ADDL. SESSIONS JUDGE : ROHINI COURTS : DELHI S.C. No. 351/06 FIR No. 468/04 P.S. Punjabi Bagh U/s 306 IPC State Versus Parmeet Singh Narula S/o Late Sh. Pritam Singh ORDER ON THE POINT OF SENTENCE 20.02.2010 Present: Ld. APP for the State.
Convict in person with counsel.
Arguments heard on the point of sentence and perused the file. Ld. Counsel for the convict submitted that parents of the convict are not alive and his grand mother is aged about 70 years, who is entirely dependent upon him ; convict got married during the pendency of the case and his new fatherinlaw and wife are present and there is no dispute or complaint by them on any aspect. Learned defence counsel submitted that he is already on the path of reformation, therefore, a lenient view may kindly be taken.
........contd.
44 FIR no. 468/04 PS Punjabi Bagh On the other hand, Ld. Addl. PP for the State submitted that in the present case, convict abeted the suicide resulting into death of a 45 year female. Deceased was motherinlaw of the convict. The convict is an educated person, despite that he behaved in such a manner that resulted into the death of one lady. Ld. Addl. PP submitted that no sympathy be shown to the convict as undue sympathy in imposing sentence would do more harm to the justice system and would undermine the public confidence in efficacy of law. It is the duty of every court to award proper sentence having regard to the nature of offence and the manner in which, it has been executed. It is prayed that severest punishment be awarded to the convict.
Keeping in view all the submissions of ld. Defence counsel asmmm well as Ld. Addl. PP and fact that convict is not having previous criminal record and he is now again married and well educated, I sentence convict Parmeet Singh Narula to rigorous imprisonment for three years with a fine of Rs. 20,000/ for the offence punishable u/s 306 IPC, in default of payment of fine, to undergo R.I. for six months. Benefit of Section 428 Cr.P.C given to him.
Copy of judgment and copy of order on the point of sentence is given to him dasti. File be consigned to record room.
Announced in open Court
on today i.e. 20.02.2010 (V.K. BANSAL)
ADDL. SESSION JUDGE : DELHI
........contd.
45 FIR no. 468/04 PS Punjabi Bagh
........contd.