Punjab-Haryana High Court
At Chandigarh vs State Of Punjab on 23 August, 2013
Author: K.C.Puri
Bench: K.C.Puri
Verma Sunil
2013.11.08 11:37
Criminal Appeal No. 470 SB of 2001 1 I attest to the accuracy and integrity
of this document
Punjab and Haryana High Court
Chandigarh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No. 470 SB of 2001
Date of decision 23 .08.2013.
Jaswinder Singh and another
...... Appellants.
versus
State of Punjab
...... Respondent.
1. Whether Reporters of Local Newspapers may be allowed to
see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
CORAM :- HON'BLE MR.JUSTICE K.C.PURI.
Present :- Mr. A.S.Khaira, Advocate for the appellants.
Mr. S.S. Chandumajra, Sr. DAG, Punjab.
K.C.PURI, J.
Jaswinder Singh and Sharan Kaur accused-appellants have directed the present appeal against the judgment and order dated 28.03.2001 passed by Shri Naginderjit Singh, the then learned Additional Sessions Judge, Gurdaspur vide which they have been convicted under Section 306 of the Indian Penal Code (in short - the IPC ) and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each.
2. The prosecution story in brief is that complainant Gurdial Verma Sunil 2013.11.08 11:37 Criminal Appeal No. 470 SB of 2001 2 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh Singh had four daughters and two sons, all married. One of his daughters namely Paramjit Kaur, was married to accused Jaswinder Singh about 4 years prior to the alleged occurrence. Immediately after the marriage, there was minor quarrel and scuffle between Paramjit Kaur, and her mother-in- law Sharan Kaur. Even, accused Jaswinder Singh started maltreating Paramjit Kaur on the plea that she was not beautiful and good looking and was not well versed with house hold work. Paramjit Kaur had been narrating all this to the complainant and on one occasion complainant along with Suba Singh went to the house of Jaswinder Singh accused to advise him not to taunt and maltreat Paramjit Kaur, but there also taunt uttered by Jaswinder Singh and Saran Kaur. After that complainant brought his daughter to his house in village Bhikhari Harnia. About six months thereafter, accused Jaswinder Singh along with some respectable persons visited his Village Bhikhari Harnia to fetch Paramjit Kaur back, upon which Paramjit Kaur was sent to her matrimonial house by the complainant. On 04.08.1997, there was a quarrel between Paramjit Kaur and the accused, upon which, Paramjit Kaur, consumed some poisonous substance. On receiving this information on 5.8.1997, complainant set out for village Babbri, to enquire about the welfare of his daughter. On the way, he met Suba Singh, who told him that Paramjit Kaur was subjected to physical beatings by the accused on 4.8.1997 and it was on account of this reasons that Paramjit Kaur had consumed some poisonous substance. Paramjit Kaur was shifted to Muni Lal Chopra Hospital Amritsar for treatment, where she breathed her last. When the complainant reached the house of accused in village Babbri, he found the dead body of his daughter lying in the court Verma Sunil 2013.11.08 11:37 Criminal Appeal No. 470 SB of 2001 3 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh yard of the house. After the complainant as well as Suba Singh, set out for police station but on the way they met one ASI near village Dadwan, to whom he suffered a statement and on the basis thereof, formal FIR was recorded. After that ASI set out for village Babbri Nangal along with the complainant and inspected the spot of occurrence. He also prepared the inquest report and prepared the site plan of the place of occurrence with correct marginal notes. After arranging some private vehicle, the dead body of Paramjit Kaur was sent for post mortem examination through HC Lakhwinder Singh and Constable Sukhwinder Singh along with Suba Singh and Sukhdev Singh. Accused were arrested and on completion of investigation, they were challaned to face judicial trial.
3. On presentation of the challan in the trial Court, copies of the documents as relied upon by the prosecution were supplied to the accused under section 207 Cr.P.C free of costs.
4. Since offence punishable under Section 306 IPC was exclusively triable by the court of Session, therefore, the trial Magistrate committed this case to the court of Sessions.
5. The trial Court framed charge under Section 306 IPC against the accused. The accused pleaded not guilty and claimed trial.
6. The prosecution in order to prove its case examined Sukhdev Singh PW1, Gurdial Singh PW-2, HC Rajinder Kumar PW-3, ASI Parsan Singh PW-4, Vidya Rattan Duggal PW-5, Ajit Singh PW-6, Dr. Chandanjit Singh PW-7, Shangara Singh PW-8, Constable Gurnam Singh PW-9, ASI Ram Lal PW-10 and closed the evidence Verma Sunil 2013.11.08 11:37 Criminal Appeal No. 470 SB of 2001 4 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh
7. The accused were examined under Section 313 of the Cr. P. C., and all incriminating evidence were put to them to which they denied and pleaded their innocence and false implication. The plea taken by accused Jaswinder Singh is that two years prior to the alleged occurrence, he and his wife started living separately from his parents at the instance of the deceased. He never harassed and taunted his wife. His wife gave birth to two sons at his house and her parents refused to take her in their house at the time of delivery. When his second son was just 15 days old, his wife left his company and started living in her parental house. His second son died about one and half months thereafter as he was not given breast feeding by her mother. My wife was suffering from mental depression because of some abdominal ailment, for which she had been taking medicines regularly and she accidentally consumed some pesticide taking it as medicine which pesticide was kept in the home for agriculture purposes. He took his wife to Dhariwal and then to Muni Lal Chopra Hospital, Amritsar for her treatment where she breathed her last. Almost similar statement was made by the other accused. The accused examined Ashwani Kumar, Record-keeper DW-1 and Harbhajan Singh as DW-2 in their defence.
8. The learned trial Court after appraisal of the evidence convicted and sentenced the accused as aforesaid.
9. Feeling dissatisfied with the judgment and order dated 28.03.2001 passed by the trial Court, the accused-appellants have preferred the present appeal.
10. I have heard learned counsel for the parties and have gone Verma Sunil 2013.11.08 11:37 Criminal Appeal No. 470 SB of 2001 5 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh through the records of the case with their able assistance.
11. Learned counsel for the appellants has submitted that in order to prove the ingredient of offence under Section 306 IPC, the prosecution is required to prove the immediate provocation with instigation which led the deceased to commit suicide. There must be direct co-relation between the death of a person and the inducement to commit suicide. It is submitted that said evidence is missing in the present case. Gurdial Singh (PW-2) is a star witness for the prosecution. This witness in the cross-examination had admitted that first child was born to the deceased in Mission Hospital, Dhariwal and appellant Jaswinder Singh had admitted the deceased in hospital and he has spent all the expenses on birth of child which was through Caesarean operation. He also admitted that second child a son was born out to deceased and that was also through caesarean operation and all the expenses were born out by the appellant-Jaswinder Singh.
12. Learned counsel for the appellants has further submitted that so far as Sharan Kaur accused-appellant is concerned she was living separately from the deceased and Jaswinder Singh. Gurdial Singh (PW-2) during cross-examination had admitted that Jaswinder Singh was separate in mess from his father and two brothers. The reason for maltreatment to the deceased was that she was not of fair colour. Sharan Kaur was aged 72 years on 28.3.2001 meaning thereby she must be more than 84 years of age now. She could not maltreat the deceased moreso, when she was living separately.
13. Learned counsel for the appellants has further submitted that appellant Jaswinder Singh has donated his blood at the time of Caesarean Verma Sunil 2013.11.08 11:37 Criminal Appeal No. 470 SB of 2001 6 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh operation while delivering the child. Jaswinder Singh took deceased to hospital. DW-1 Ashwani Kumar Record-keeper of Muni Lal Chopra Hospital, Amritsar has categorically stated that blood was supplied by Jawinder Singh accused husband of Paramjit Kaur for administering it to her. A sum of Rs.10,000/- was also incurred by the appellant-Jaswinder Singh for treatment of Paramjit Kaur. Harbhajan Singh DW-2 has also stated that Jaswinder Singh accused-appellant was living separately from his father Sant Singh and his mother Sharan Kaur. However, the trial Court has not appreciated all the said evidence.
14. Learned counsel for the appellants has further submitted that the allegations of the prosecution is that Paramjit Kaur was maltreated on the ground that she was not beautiful nor she knew domestic work. Both these allegations are wrong on the face of it as parties had lived together for four years and deceased has given birth to two children. According to the prosecution Paramjit Kaur lived at her parental house for six months and was sent only few days prior to her death. So, the allegations of the prosecution under Section 306 of the IPC are not borne out from the record.
15. Learned State counsel has supported the judgment and order of the trial court and submitted that all the ingredients of offence under Section 306 of the IPC are made out against both the accused. Mere fact that Sharan Kaur is aged person is not a ground to acquit her.
16. I have considered the submissions made by both the sides and have gone through the records of the case with their able assistance.
16. In the present case, there are two sets of accused ; one is the husband i.e. Jaswinder Singh and another is Sharan Kaur mother-in-law of Verma Sunil 2013.11.08 11:37 Criminal Appeal No. 470 SB of 2001 7 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh the deceased. Case of each of the accused has to be dealt in separately.
17. So far as appellant Sharan Kaur is concerned, in the judgment itself her age has been mentioned as 72 years, which has not been challenged during the course of trial or during the course of arguments. She must be now aged more than 84 years. She is in evening of her life.
18. The question arises as to whether such a lady could abet her daughter-in-law to commit suicide ? The evidence in this regard has to be appreciated on the file. Gurdial Singh (PW-2) is a star witness for the prosecution. This witness during cross-examination has admitted that father of Jaswinder Singh accused is living separately. So, an old lady of 72 years who is living separately can not instigate her daughter-in-law to commit suicide. Sometime after the death of the daughter-in-law, all the family members of her in-laws family are involved, so as to teach them a lesson. There is a doubt in respect of involvement of Sharan Kaur in respect of offence under Section 306 of the IPC, moreso, when according to Gurdial Singh (PW-2) she was living separately.
19. So, under these circumstances, the judgment of conviction qua Sharan Kaur accused-appellant mother-in-law cannot be maintained.
20. So far as the accused/appellant Jaswinder Singh is concerned he is husband of the deceased. No doubt the complainant has admitted that on the birth of first child the amount was spent by Jaswinder Singh accused but he has stated that on the birth of second child he has also contributed towards the expenses. So, mere fact that he has spent any amount at the time of delivery of child is not a ground to acquit the accused. It is the legal duty of the husband to maintain his wife and incur expenses at the time of Verma Sunil 2013.11.08 11:37 Criminal Appeal No. 470 SB of 2001 8 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh delivery of child. The very fact that deceased lived at the parental house for six months prior to her death goes a long way to prove that there was something wrong at the bottom. Some days prior to the death of deceased, she was brought to the matrimonial house. Deceased has died an unnatural death and the onus is upon the husband as to under what circumstances she has committed suicide. Gurdial Singh (PW-2) is an ex-serviceman and he has deposed with an open heart and has not concealed anything from the Court. It cannot be said that ingredients of offence under section 306 of the IPC are not made out so far as accused Jaswinder Singh is concerned. The finding of the trial Court that it is at the instigation of Jaswinder Singh deceased had committed suicide does not call for any interference.
21. In view of the above discussion, the appeal qua Sharan Kaur accused-appellant stands accepted. She stands acquitted from the charges levelled against her after giving her benefit of doubt.
22. So far as the appeal qua Jaswinder Singh is concerned, the ingredients of offence under Section 306 IPC are made out against him beyond reasonable doubt. The prayer made by learned counsel for appellant-Jaswinder Singh for reduction in sentence does not carry any weight as the trial Court has awarded only three years rigorous imprisonment which is already on lower side. So, no ground for reduction in sentence is made not.
23. Consequently, the appeal qua Jaswinder Singh accused- appellant is without any merit and the same stands dismissed.
24. Accused-Jaswinder Singh is stated to be on bail. He be taken into custody to undergo the remaining part of his sentence.
Verma Sunil 2013.11.08 11:37 Criminal Appeal No. 470 SB of 2001 9 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh
25. A copy of this judgment be sent to the trial Court for strict compliance.
( K.C. PURI )
August 23, 2013 JUDGE
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