A.N.JINDAL, J. - (1.) THIS judgment shall dispose of two Appeals No. 341-SB of 2001, 904-SB of 2001 and Revision No. 1252 of 2001 arising out of the judgment dated 3.3.2001 passed by Additional Sessions Judge, Bathinda, vide which, the accused-appellant (hereinafter referred to as the 'accused') was convicted under Section 305 IPC and sentenced to undergo RI for 4 years and to pay a fine of Rs. 1000/-.
(2.) THE case relates to the death of a school girl namely Virpal Kaur aged about 18 years, who committed suicide on account of the alleged abetment made by the accused. The factual matrix of the case is that Virpal Kaur was the student of 9th standard in Government High School, Raiya and accused was teacher there. On 28.7.1998, Vir Pal Kaur had gone to school as usual. The accused indulged in indecent/obscene activities with Vir Pal Kaur and also threatened to defame her and get her ousted from the school and he would not allow her to marry anywhere. After school hours, she went to the house and disclosed the facts to her father, Avtar Singh PW1, who consoled her and told her that he would complain against the accused while going to the school the next day. On the next day i.e. 29.7.1998, in the morning at about 6:00 a.m. Vir Pal Kaur did not get up. On inquiry, it was found that she had committed suicide. The matter was taken to the Panchayat. Ultimately, Avtar Singh PW1, got registered the case against the accused vide formal FIR Ex. PR under Section 305 IPC. Investigation was commenced. On completion of investigation, challan against the accused was presented in the Court.
(3.) IN order to seek the conviction of the accused prosecution examined Avtar Singh PW1, Roop Singh PW2(maternal uncle of the deceased), Surinder Singh PW3, Dr. Ramesh Kumar Gupta, PW4, SI Barjinder Kumar PW5.;