BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused-appellants Balwinder Singh, Jagrup Singh and Rajinder Kaur (herein referred as the 'accused') were tried, convicted and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/-, each, under Section 306 of the Indian Penal Code, vide judgment dated 5.10.1995 passed by Additional Sessions Judge, Mansa.

(2.) ON the demise of accused Rajinder Kaur, the appeal qua her was abated vide order dated 21.4.2008. The factual matrix of the case is that Amarjit Kaur alias Gurvinder Kaur was married with accused Balwinder Singh, in the year 1988, whereas, accused Rajinder Kaur is her mother-in-law and Jagrup Singh is her father-in-law. All of them were maltreating and beating her. The complainant - Gurjant Singh, father of bride Amarjit Kaur (herein referred as the complainant) had approached the accused many times to mend their ways, but they did not agree. The complainant also convened a Panchayat, but it failed to resolve the dispute. On 25.8.1992, the complainant along with Bhola Singh had visited Amarjit Kaur. On request made to the accused, they told the complainant that Amarjit Kaur is outspoken and she will be kept under their thumb. On the fateful day i.e. 25.8.1992, the accused taunted Amarjit Kaur in the presence of the complainant and Bhola Singh, upon which she requested to disclose her fault. Reacting to it, Rajinder Kaur prompted Balwinder Singh, whereupon, he gave 2/3 slaps to Amarjit Kaur. Rajinder Kaur and Jagrup Singh further uttered that they would have a sigh of relief, if Amarjit Kaur dies. After sometime, Amarjit Kaur went outside with a container of water. The complainant suspecting that she may not do anything wrong in the fit of anger, they followed her and tried to stop her, but she started running and uttered that she would finish herself in order to avoid daily clash. Consequently, she jumped into a well and drowned herself. On the statement of the complainant, case was registered against the accused. The investigation was commenced. Ultimately, the challan was presented against the accused. They were charged under Section 306 IPC, to which they pleaded not guilty and claimed trial.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the accused denied all the incriminating circumstances appearing against them and further pleaded that Amarjit Kaur remained sick due to tuberculosis. Two days prior to the occurrence, she had gone to her parental house and after coming back, she jumped into the well. Amarjit Kaur used to compel Balwinder Singh to live separately from his parents. Jagrup Singh informed about her death to the complainant. In defence, the accused examined Dr. R.M. Arora (DW1), Sukhdev Singh - Laboratory Technical (DW2) and Sukhdev Singh (DW3) to prove that the deceased was suffering from tuberculosis. The trial ended in conviction under Section 306 IPC. Hence, the present appeal. Arguments heard. Record perused.