SEWA SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mandip Kaur (decided) daughter of PW6 Malkiat Singh had been married to Sewa Singh accused of village Pandori Mehtman some 8 years prior to her death. Pargat Singh, the father-in-law of the deceased and a Sub Inspector in the Punjab Police, had been shot dead by terrorists after which the accused, Sewa Singh his mother Mohinder kaur and sister Asha Rani had started mal-treating Mandip kaur and demanding more dowry from her family. It appeared that Mandip Kaur could not meet these demand and the fact that she had given birth to a female child had greatly increased their annoyance and she had been repeadtedly turned out of her matrimonial home. A month prior to the present occurrence, PW-6 Malkiat Singh had gone to village Pandori Mehtman to see Mandip Kaur when she again told him that her husband had been demanding Rs. 80,000.00 to purchase some land and in case the demand was not met, she would be done to death. At about 6.30 P.M. on May 28, 1995, PW-6 Malkiat Singh received information that his daughter had committed suicide by burning herself. He then rushed to village Pandori mehtman and after finding that his daughter was lying dead in the kitchen, left for the police station but came across a police party headed by PW-8 ASI Joginder Singh in the area of village Taragarh. He accordingly made his statement to him at 2.00 A.M. on May 29,1995 and on its basis the formal F.I.R. was registered at Police Station Sadar, Hoshiarpur at 2.50 A.M. for an offence punishable under Sec. 306/34 of the Indian Penal Code; with the special report being delivered to the Illaqa Magistrate, locally at 1.30 P.M. the same day During the course of investigation, it transpired that Mandip Kaur had been strangulated to death and had thereafter been burnt in an attempt to conceal the fact of murder. The accused were ultimately arrested and a charge under Sections 498-A, 302/34 and 201 of the Indian Penal Code was accordingly framed against the three accused and as they pleaded not guilty, were brought to trial.

(2.) In support of its case, the prosecution examined, inter alia, PW-1 Dr. Renu Kumari, who along with other members of the Medical Board, had conducted the post-mortem examination on the dead body on May 29, 1995 and had opined that the cause of death was asphyxia due to strangulation and that the bum injuries found on the dead body were post-mortem in nature; PW-2 Harbhajan Singh, who was closely related to the deceased and to whom the three accused had allegedly made an extra-judicial confession at 12.30 P.M. on May 31, 1995 confessing their guilt; PW-6 Malkiat Singh, who deposed to the motive or the offence and the harassment meted out to the deceased before her death; PW-7 Gurmukh Singh, who stated that the three accused had made an extra-judicial confession to him as well at 8.30 P.M. on May 31, 1995 and had sought his assistance for being produced before the police; and PW-8 ASI Joginder Singh, the Investigating Officer.

(3.) The prosecution case was then put to the accused and their statements recorded under Sec. 313 of the code of Criminal Procedure. Sewa Singh accused situated that his father had been shot dead by terrorists and that he had been enrolled as a Constable on compassionate ground and on the day of incident, he had been away to his fields and when he had returned home, he had found the dead body of his wife lying charred in the kitchen and that he had informed the police but had been taken into custody. He further stated that Asha Rani accused had been away visiting her sister Sukhvir Kaur and that his mother had been living separately from him for the last several years. He further stated that the relations between him and his wife were cordial. Accused Asha Rani stated that she was in her matrimonial village Duroll, District Jalandhar and on the day of occurrence, she had gone to her sister Sukhvir Kaur in village Ajnoha as her son was sick and had returned to village Pandori Mehtman on getting the information of the present incident and had thereafter been arrested. Accused Mohinder kaur also stated that she had been living separately from her son and his wife for the last several years before the latters death.