AMAR DUTT,J - (1.) RESHAM Singh and his brother Mohinder Singh have filed the present prevision to challenge the judgment dated 19.10.2000 passed by the Additional Sessions Judge, Sirsa upholding the conviction and sentence. The conviction was recorded against two brothers and their mother Bhan Kaur by the Judicial Magistrate First Class, Sirsa on 23.10.1998. The conviction and sentence recorded against both the brothers was upheld, while Bhan Kaur was released on probation.
(2.) THE circumstances leading to the initiation of the trial against the petitioners and their mother under Sections 323, 498-A read with 34 IPC are that after the marriage of Resham Singh with Rajwant Kaur daughter of Gurmej Singh, Resham Singh and the members of his family were not satisfied with the dowry. Both the brothers, their mother Bhan Kaur and father Shingara Singh, had started harassing Rajwant Kaur with a view to compel her to bring Rs. 30,000/- in cash, a fridge and a cooler from her parents, who were not in a position to fulfil their demand. A son was born to Rajwant Kaur from the wedlock about one and a quarter years prior to the registration of the case at her behest. On that occasion her father and brother had brought clothes and customary gifts worth Rs. 10,000/- but still the petitioners and their mother were not pleased. After this, when Joginder Singh and his brother Mohinder Singh, went to see their sister Rajwant Kaur, she had apprised them that the accused were after her life and that she should be taken away. She had also brought to their notice about the demand of the accused for cash, fridge and a cooler, which demand was repeated before the brothers. On 26.7.1991 Rajwant Kaur was given a beating by the petitioners, their mother Bhan Kaur and father Shingara Singh and when she raised alarm Mahender Singh and Resham Singh tried to strangulate her. On hearing the alarm raised by her, people from the village, Balwinder Singh and Mahender Singh brother of Rajwant Kaur, reached the spot and rescued her. She was taken away from matrimonial home to the house of her parents and on the following day got admitted her in the Civil Hospital at Rania. The panchayat taken by Rajwant Kaur's father was told by the petitioners that their demand had to be fulfilled as a precondition for her return to the matrimonial home and this stand which was taken by them led to the registration of an FIR at the behest of Joginder Singh, brother of Rajwant Kaur. After investigation, the police put in a challan against the petitioners. After going through the papers of challan the Court found that a prima facie case was made out against the petitioners, Bhan Kaur and Shingara Singh under Sections 498-A/506/323 read with Section 34 IPC, as the petitioners and their co-accused pleaded not guilty. The prosecution was called upon to lead evidence in support of their case and it examined five witnesses. In the 313 statements, which were recorded, the petitioners and their co-accused admitted the marriage, but denied the correctness of the other allegations. They submitted that Rajwant Kaur wanted Resham Singh to transfer his 7 acres land in her name and as Resham Singh was not inclined to do so, the case had been got registered against him. They examined Kashmir Singh as DW-1. Shingara Singh die during the pendency of the case and after hearing the arguments, the trial Court convicted the petitioners and their mother of offences under Sections 323/498-A read with Section 34 of IPC and sentenced them as under :- "Under Section 323/34 IPC to undergo rigorous imprisonment for three months and to pay a fine Rs. 200/- each, in default of payment of fine to further undergo simple imprisonment for a period of five days. They all were ordered to undergo rigorous imprisonment for one year for the offence punishable under Section 498-A read with Section 34 of IPC and to pay a fine of Rs. 500/- each and in default of payment of fine they further undergo simple imprisonment for a period of ten days. It is further ordered accordingly that all the sentences shall run concurrently."
(3.) ON appeal, the Additional Sessions Judge rejected the pleas raised by the petitioners and their mother but modified the sentence imposed on Bhan Kaur to the extent that she was released on probation, hence the present revision.;