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The criminal miscellaneous No.803-MA of 2011 has been filed by Gian Singh (PW-1) father of the deceased Inderjit Kaur seeking leave to ap- peal against the acquittal of respondents No.2 to 4 by the learned Sessions Judge, Hoshiarpur for the offence under Section 304-B of the Indian Penal Code (IPC-for short). Along with the application for grant of leave to appeal, Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 criminal miscellaneous No.51398 of 2011 has been filed praying for condoning delay of 68 days in filing the application for grant of leave to appeal.

The applicant Gian Singh (PW-1) made a statement (Ex.PA) be- fore Mohinder Singh ASI (PW-6) on 07.09.2009 that he was resident of Bhuno, Police Station Mahilpur, District Hoshiarpur and did agriculture work. He (PW-1) had four daughters and one son. His daughter Inderjit Kaur about one year back was married with Balwinder Singh (respondent No.2) son of Kashmir Singh resident of Village Kaharpur, Police Station Mahilpur, District Hoshiarpur. In the marriage, Gian Singh (PW-1) had given dowry etc. to his daughter according to his capacity. After about six months of the marriage, the in-laws family of his daughter Inderjit Kaur started troubling and harassing her. His daughter and her husband Balwinder Singh (respondent No.2) for their household needs asked for Rs.5000/-. Gian Singh (PW-1) in the month of May, 2009 went to village Kaharpur and gave Rs.4000/- to his son-in-law Bal- winder Singh (respondent No.2). Some days after this, the in-laws family of his daughter Inderjit Kaur, her husband Balwinder Singh (respondent No.2) and her husband's elder brother's wife (jethani) whose name he did not know again started troubling and harassing her. Inderjit Kaur, the daughter of Gian Singh (PW-1) and his son-in-law Balwinder Singh (respondent No.2) had come to their house at village Bhuno, Police Station Mahilpur, District Hoshiar- pur on 24.08.2009 and they made them both understand and sent their daughter Inderjit Kaur with Balwinder Singh (respondent No.2). On 06.09.2009 at about 1.30 am at night Gian Singh (PW-1) received a telephone call from his relative at village Khanpur who informed him that his daughter In- derjit Kaur was unwell and for her treatment she had been taken to Hoshiar-

Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 pur. Gian Singh (PW-1) regarding admission of his daughter Inderjit Kaur called his other son-in-law Mohinder Singh resident of Hallowal. Then Gian Singh (PW-1) by taking his son-in-law Mohinder Singh with him reached Civil Hospital, Hoshiarpur and found his daughter Inderjit Kaur lying unconscious on a bed in the emergency room. The condition of his daughter Inderjit Kaur being serious and for her treatment he took her from Civil Hospital, Hoshiarpur and got her admitted in Modern Hospital, Hoshiarpur. His daughter Inderjit Kaur who was under treatment at Modern Hospital, Hoshiarpur on 06.09.2009 at about 10.30 pm in the night had died. He had full belief that after being given a beating his daughter Inderjit Kaur was set on fire by pouring kerosene oil on her. On this account, his daughter Inderjit Kaur had died. Legal action it was requested be taken against his son-in-law Balwinder Singh (respondent No.2), mother-in-law of his daughter (Manjit Kaur-respondent No.4) and her husband's elder brother's wife (Jethani) (Sandeep Kaur-respondent No.3). Statement of Gian Singh (PW-1) had been recorded which he had heard and accepted it as correct. The statement was signed by Gian Singh (PW-1) in English and was attested by Mohinder Singh ASI, Police Station Mahilpur (PW-6).

harpur that Inderjit Kaur was ill and she was taken to Civil Hospital, Hoshiar- pur. On this he (PW-1) called his other son-in-law Mohinder Singh on tele- phone and he along with Mohinder Singh reached Civil Hospital, Hoshiarpur. They found her admitted in the hospital in a burnt condition. She was uncon- scious and was taken to Modern Hospital as her condition was serious. On 06.09.2009 at about 10.30 pm she died. In cross-examination Gian Singh (PW-1) stated that he got recorded to the police in his statement (Ex.PA) that the accused used to maltreat his daughter on account of dowry and they used to ask her to bring more dowry. The attention of the witness was drawn to- wards his statement (Ex.PA) wherein it was not so recorded. The attention of the witness was drawn to his statement (Ex.PA) regarding giving of Rs.4000/- to Balwinder Singh (respondent No.2) in April, 2009. In the statement (Ex.PA) it is recorded that in May, 2009 after going to village Kaharpur, Gian Singh (PW-1) gave Rs.4000/- to his son-in-law Balwinder Singh (respondent No.2). It is further stated that he served in Army for 28 years. He had studied upto 8th class. Achhar Singh of village Kaharpur was the mediator to the marriage of his daughter. The said Achhar Singh was not with Gian Singh (PW-1) when he gave Rs.4000/- to Balwinder Singh (respondent No.2). It is further stated Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 that he had got recorded with the police that accused Manjit Kaur mother-in- law used to ask his daughter Inderjit Kaur to bring more dowry. The attention of the witness drawn towards his statement (Ex.PA) wherein it was not so re- corded but it was recorded that she and remaining accused again started mal- treating his daughter. He had got recorded in his statement to the police that on 24.08.2009 Balwinder Singh (respondent No.2) came to take Inderjit Kaur from the house. Attention of the witness was drawn towards his statement (Ex.PA) wherein at portion A to A1 it was mentioned that Inderjit Kaur and son- in-law Balwinder Singh came to village on 24.08.2009. It is further stated by Gian Singh (PW-1) that he had got recorded in his statement (Ex.PA) that his wife and Ex-Sarpanch made the accused to understand when he came after the month of 'Sawan'. Attention of the witness was drawn towards the state- ment wherein it was not recorded. It was, however, recorded that on 24.08.2009, Inderjit Kaur and Balwinder Singh (respondent No.2) came to the house of the witness and they both made them understand. The other evi- dence is that of Paramjit Singh (PW-4) and Darshan Singh (PW-5). Paramjit Singh (PW-4) stated that Inderjit Kaur (deceased) was from his village and was married with Balwinder Singh (respondent No.2) about one year prior to her death. After 5-6 months of the marriage, Gian Singh (PW-1) father of In- derjit Kaur met him and told him that his daughter was being maltreated by her in-laws. In the month of 'Sawan' of 2009 Inderjit Kaur had come to her village to meet her parents. She along with her father came to his house and she disclosed that her mother-in-law, her sister-in-law and her husband Balwinder Singh (respondent No.2) were maltreating her and compelling her to bring money. On 06.09.2009, Paramjit Singh (PW-4) along with Inderjit Kaur and Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 Gian Singh (PW-1) went to their house where Balwinder Singh was present and he made him understand not to maltreat Inderjit Kaur. He assured him that he would not maltreat Inderjit Kaur. After two weeks, he came to know that Inderjit Kaur had been set ablaze. In cross-examination, it is stated by Paramjit Singh (PW-4) that he never went to the village of the accused in the shape of Panchayat. No resolution regarding maltreatment of Inderjit Kaur by the accused was passed by their Panchayat. He did not lodge any complaint with the police being Sarpanch of the village. He appeared before the police after the death of Inderjit Kaur when his statement was recorded on 26.11.2009 and before that he did not go to the police. It is stated that he did not come to hospital with Gian Singh (PW-1) but he met him in the hospital. When he had come to Civil Hospital, Hoshiarpur, Inderjit kaur was alive. Gian Singh (PW-1) was a retired army personnel. Darshan Singh (PW-5) deposed on the same lines as Paramjit Singh (PW-4). It is stated by him that at the time of marriage sufficient dowry was given. After about 6 months of the marriage Inderjit Kaur complained that her husband, mother-in-law and sister-in-law (jethani) were maltreating her for bringing more dowry. In the month of 'Sa- wan' of year 2009, Inderjit Kaur along with the three accused came to her pa- rental house. He along with other residents of the village met the accused to make him understand and not to maltreat Inderjit Kaur who assured that they would not maltreat her again. After about 15-20 days therefrom, Inderjit Kaur was lying in a burnt condition at the Civil Hospital, Hoshiarpur. In cross-ex- amination it is stated that he and Gian Singh (PW-1) both retired from the Army and they belonged to the same community. He did not know if on 05.09.2009 Gian Singh had come to Civil Hospital, Hoshiarpur where his Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 daughter Inderjit Kaur was admitted. He came to the Hospital after the death of Inderjit Kaur. He did not remember the date. He never advised Gian Singh (PW-1) to go to the house of the accused in the shape of Panchayat. Gian Singh (PW-1) never went to the house of the accused in the shape of Pan- chayat. He did not complain to anybody regarding maltreatment of Inderjit Kaur by the accused. Police met him on 26.11.2009 after the death of Inderjit Kaur for the first time.