Punjab-Haryana High Court
Gian Kaur And Another vs State Of Punjab on 10 September, 2013
Author: K.C. Puri
Bench: K.C. Puri
Crl. A. No. S- 1471 SB of 2002 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. A. No. S- 1471 SB of 2002 (O&M)
Date of decision : 10.9.2013
...
Gian Kaur and another
................Appellants
vs.
State of Punjab
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. Kanwaljit Singh, Senior Advocate with
Sh. Sidharath Gupta, Advocate for the appellants.
Sh. S.S. Chandumajra, Senior Deputy Advocate General,
Punjab.
...
K.C. Puri, J.
Challenge in this appeal is the judgment and order dated 6.9.2002 passed by Sh. Raj Shekhar Attri, Additional Sessions Judge Jalandhar, vide which the accused - appellant Gian Kaur has been convicted under Section 498-A IPC, whereas accused-appellant Sarabjit Singh has been convicted under Section 306 IPC.
Briefly stated, accused Ranjit Singh, Gian Kaur and Sarabjit Singh were sent up by the SHO, Police Station Division No. 4, Jalandhar to face trial under Section 306/34 IPC. Chugh Banita 2013.09.19 16:17 I attest to the accuracy and integrity of this document Crl. A. No. S- 1471 SB of 2002 -2-
The case of the prosecution as enumerated from the record is that Harcharan Kaur @ Daljit Kaur d/o Harjit Singh was married with accused Sarabjit Singh. Accused Gian Kaur is mother-in-law and accused Ranjit Singh is borther-in-law (dewar). Sarabjit Singh was a drunkard and he used to maltreat, harass and beat Harcharan Kaur after marriage. Sarabjit Singh accused had abused the father of complainant various times. Once in the presence of Amrik Singh President of Mohalla, Sarabjit Singh had insulted her father Harjit Singh and threw a jug on his face. Deceased Harchan Kaur had given birth to two daughters, one was aged about 5 years and the younger one was about 40 days old at the time of occurrence. About 7/8 days earlier to the occurrence, said Harcharan Kaur alongwith Baljit Singh @ Gora, younger brother of Sarabjit Singh and maternal father-in-law of Sarabjit Singh (Mama), namely Man Singh came to her parental house and she told the complainant that since she had given birth to the younger daughter her mother-in-law Gian Kaur, husband Sarabjit Singh and Ranjit Singh, brother-in-law have been harassing and taunting her for giving birth only to females. On 25.1.2001, at about 4.00 A.M. Baljit Singh @ Gora telephonically informed the complainant that Harcharan Kaur was run over by a running train and had died. The complainant alongwith respectables of his locality went to the spot and found that dead body of his sister Harcharan Kaur was lying in pieces on a cot. FIR was lodged. After completion of the investigation, challan was presented against the accused.
Charge under Section 306 IPC was framed against the Chugh Banita 2013.09.19 16:17 I attest to the accuracy and integrity of this document Crl. A. No. S- 1471 SB of 2002 -3- accused to which they denied and claimed trial.
The prosecution, in order to bring home guilt of the accused examined PW-1 Pavtiar Singh - complainant, PW-2 Amrik Singh, PW-3 Jaspal Singh, PW-4 Mohan Singh, PW-5 ASI Gurcharan Singh PW-6 Dr. Surinder Singh, PW-7 SI Ajit Singh, PW-8 Dr. Ashok Gupta, PW-9 Chandan Kumar photographer and closed the prosecution evidence.
The accused were examined under Section 313 Cr.P.C. and all the incriminating evidence was put to them, to which they denied. In defence, the accused examined DW-1 Manjit Singh Saini and closed the defence evidence.
Learned trial Court after appraisal of the evidence, convicted accused Sarabjit Singh under Section 306 IPC and sentenced him to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.5000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one years. However, appellant- accused Gian Kaur was convicted under Section 498-A IPC and sentenced her to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.2500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 6 months. Accused Ranjit Singh was acquitted of the charge framed against him by giving him the benefit of doubt.
Feeling dissatisfied with the abovesaid judgment and order dated 6.9.2002 passed by Sh. Raj Shekhar Attri, Additional Sessions Judge, Jalandhar, Sarabjit Singh and Gian Kaur have preferred the Chugh Banita 2013.09.19 16:17 I attest to the accuracy and integrity of this document Crl. A. No. S- 1471 SB of 2002 -4- present appeal.
During the pendency of the appeal Sarabjit Singh has died and document in this regard was placed on the file by the SHO. Consequently, the appeal qua appellant No.2 Sarabjit Singh was dismissed as having been abated vide order dated 3.9.2013 passed by this Court.
Now the appeal only qua Gian Kaur remains to be decided. On the last date of hearing counsel for the appellant Gian Kaur had submitted that the matter has been compromised and compromise deed was placed on the file.
Notice of the application was given to the State, who has placed on file the document to the effect that the matter has been compromised.
Learned counsel for the appellant has submitted that deceased has two daughters who are being looked after by the appellant- Gian Kaur, who is now aged 66 years. So, prayer has been made for taking a lenient view regarding quantum of sentence.
Learned State counsel, on instructions from SI Ram Pal Singh, has stated at the Bar that appellant Gian Kaur has already undergone incarceration for a period of 60 days out of the substantive sentence.
In the compromise also, it is mentioned that grand daughters of Gian Kaur are being looked after by her and one of the grand daughter is school going and the other is college going. The matter has been compromised.
Chugh Banita2013.09.19 16:17 I attest to the accuracy and integrity of this document Crl. A. No. S- 1471 SB of 2002 -5-
The conviction of the appellant Gian Kaur under Section 498-A IPC stands affirmed. However, keeping in view compromise, age of the appellant and other attending circumstances, the sentence of the appellant - Gian Kaur stands reduced to the period already undergone. However, the sentence of fine stands affirmed.
A copy of the judgment be sent to the trial Court for strict compliance.
( K.C. Puri ) 10.9.2013 Judge chugh Chugh Banita 2013.09.19 16:17 I attest to the accuracy and integrity of this document