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2002 DIGILAW 1240 (PNJ)

Hardev Singh @ Gurdev Singh v. State Of Punjab

2002-11-19

HARJIT SINGH BEDI

body2002
Judgment H.S.Bedi, J. 1. This appeal has been filed against the judgment dated 3.8.1990 passed by the Additional Sessions Judge, Hoshiarpur, whereby the appellants have been convicted and sentenced to undergo rigorous imprisonment for seven years each under Section 304-B of Indian Penal Code. 2. Hardev Singh @ Gurdev Singh, appellant No. 1 is the husband of Gurbux Kaur alias Baby, deceased. Satnam Singh, appellant No. 2 is the younger brother of Hardev Singh and Chhino, appellant No. 3 is the mother of the first two accused-appellants. The facts of the case are as under :- Gurbux Kaur @ Baby, the niece of Mohinder Singh, complainant (PW-3), had been married to Hardev Singh @ Gurdev Singh, appellant No. 1 on 25.10.1984. About 15 days after the marriage, Gurbux Kaur came to Mohinder Singhs house and told him that accused were maltreating her on the ground that she had brought insufficient dowry, and that, a demand of Rs. 10,000/- had been made so as to enable her husband to go to a foreign country. Mohinder Singh, PW-3 then gave Rs. 2,000/- to Gurbux Kaur who returned to her in-laws house. Gurbux Kaur and Hardev Singh thereafter again visited Mohinder Singh and the latter made a further demand for money, but the complainant showed his inability to meet the demand. Hardev Singh thereafter left for Kuwait leaving Gurbux Kaur in her in-laws house in village Aiman Jattan. It is the prosecution case that while Hardev Singh was away to Kuwait, the other two accused continued taunting Gurbux Kaur for insufficient dowry. About 7-8 days prior to her death, Gurbux Kaur visited Mohinder Singh and told him about the maltreatment that she had been suffering but she was sent back after some persuasion. On 19.9.1989, Santokh Singh brother of Gurbux Kaur visited her in her in-laws house and found that she was being beaten by the three accused. He accordingly returned home and told Mohinder Singh about what had happened. On 21.9.1989, Prem Singh, the elder brother of Hardev Singh @ Gurdev Singh came to Mohinder Singh and informed him that Gurbux Kaur had committed suicide by jumping into a canal, and that, her dead body was not traceable. On the statement Ex. PD. of Mohinder Singh, a formal FIR was registered on 22.9.1989. On 21.9.1989, Prem Singh, the elder brother of Hardev Singh @ Gurdev Singh came to Mohinder Singh and informed him that Gurbux Kaur had committed suicide by jumping into a canal, and that, her dead body was not traceable. On the statement Ex. PD. of Mohinder Singh, a formal FIR was registered on 22.9.1989. Gurbux Kaurs dead body was recovered on 29.9.1989 from the syhpon of the canal in the area of village Panchhta and was subjected to a post mortem examination. The accused were arrested and after the completion of investigation, they were challaned and sent up for trial. They were subsequently charged for offences punishable under Sections 304-B and 306 of Indian Penal Code. The accused denied the allegations and claimed trial. 3 The prosecution examined Dr. S.K. Mahajan PW-1, who conducted the post mortem examination on the dead body of Gurbux Kaur, Avtar Singh PW-2, Mohinder Singh, complainant PW-3, Santokh Singh PW-4, brother of Gurbux Kaur, deceased, Jarnail Singh @ Jaila PW-5, who had seen Gurbux Kaur jumping into the canal, Parshotam Singh PW-5, member Panchayat who had effected a compromise between the parties at the time when demands for dowry had been made and Sub Inspector Mann Singh PW-7 was the Investigating Officer. 4. Statements of the accused were recorded under Section 313 of the Code of Criminal Procedure. While admitting the factum of marriage with Gurbux Kaur, Hardev Singh, appellant No. 1 stated as under :- "I am innocent. I was married on 25.10.84 and went to Kuwait on 30.10.84. I used to go to Kuwait and come back after a year or so. Ultimately I came back to India in the year 1989 in the month of May. I had been sending money to Gurbux Kaur from abroad and she used to keep that money with her parents at Tutomazara. On my return she demanded money back from them which they could not return. She was disgusted on account of this act. About two days prior to her disappearance she had gone to Tutomazara to ask them to return the money and ultimately her dead body was found from the syphon. She was very happy in our family. She was enjoying a very good life with me as is apparent from the photos also. Her brother wrote letter Ex. DA to me, letters Ex. DB and Ex. She was very happy in our family. She was enjoying a very good life with me as is apparent from the photos also. Her brother wrote letter Ex. DA to me, letters Ex. DB and Ex. DC were written by her to me when I was Kuwait. I had opened account in the bank in her name. I had also purchased national saving certificate for the amount of Rs. 5,000/- in her name. An account was also opened in my name which was bearing operated by her in my absence as I had given her blank cheque book after signing the same. There was never any demand of dowry from our side and she was never maltreated at our house. We all the three brothers are living separately with our families and my mother was living with my younger brother Satnam Singh accused. We have been falsely implicated in the present case by Mohinder Singh and his family to save themselves from returning the money. I am also known as Gurdev Singh." 5. The accused also examined A.L. Gupta DW-1, from the State Bank of India, Banga, who proved the statement of account Ex. DF and the list of withdrawals Ex. DG, being maintained by Hardev Singh, though operated by his wife Gurbux Kaur, deceased, T.S. Rana DW-2, a Clerk from the Bharat Overseas Bank, Banga who proved the statement of account Ex. DH, being maintained by Gurbux Kaur, Sarwan Lal DW-3, Postal Assistant, Sub Post Office, Kot Fatuhi who proved National Saving Certificate dated 7.10.1987 issued in the name of Gurbux Kaur, deceased, Faqir Chand DW-5, from the Foreign Regional Registration Officer who proved the entry with regard to departure of Hardev Singh for Kuwait. The trial Court in its judgment dated 3.8.1990 relying upon the evidence of Santokh Singh and Mohinder Singh convicted and sentenced the accused as already mentioned above. 6. Mr. T.P.S. Mann, learned counsel for the appellants has argued that a false case had clearly been registered against the accused as was clear from the documents on record. The learned counsel has in particular placed reliance on the statements of A.L. Gupta DW-1, T.S. Rana DW-2 and Sarwan Lal DW-3, which clearly show that various sums of money which had been remitted by Hardev Singh from Kuwait which were being credited into his account maintained in the banks, which were being operated by his wife. The learned counsel has in particular placed reliance on the statements of A.L. Gupta DW-1, T.S. Rana DW-2 and Sarwan Lal DW-3, which clearly show that various sums of money which had been remitted by Hardev Singh from Kuwait which were being credited into his account maintained in the banks, which were being operated by his wife. These witnesses also stated that the aforesaid remittances were from a foreign country i.e. Kuwait. The learned counsel has also relied on the letters Ex. DA dated 20.8.1988, written by Santokh Singh to Hardev Singh in Kuwait, Ex. DB dated 14.10.1988 and Ex. DC dated 16.10.1988, written by Gurbux Kaur to her husband, and photographs Ex. D1 to D7 which clearly showed that relationship between the couple far being strained, was in fact, cordial and affectionate, and as such, the question of Gurbux Kaur having committed suicide on the ground of a demand of dowry was clearly a concocted story. 7. The learned State counsel however argued that there was no reason for Mohinder Singh and Santokh Singh to involve the accused-appellants in a false case, had the relation between the couple been cordial. 8. I have considered the submissions made by the learned counsel for the parties. Undoubtedly, Mohinder Singh and Santokh Singh have supported the prosecution case and they have stated to the various demands of dowry that had been made by the accused soon after the marriage. To my mind, however in the light of the documents aforesaid and the photographs, there can be absolutely no doubt that relations between the couple were not under stress. In this connection, it is to be noted that statement of account Ex. DF, which has been proved by A.L. Gupta DW-1, shows that this account was being operated by Gurbux Kaur from 12.2.1987 to 25.4.1987. Likewise, T.S. Rana DW-2 proved the statement of accounts Ex. DH, which clearly shows that the account had been operated by Gurbux Kaur from 27.3.1985 to 24.5.1989. Likewise, Sarwan Lal DW-3 proved the National Saving Certificate in the sum of Rs. 5,000/- which had been purchased on 7.10.1987 by Gurbux Kaur from the remittances received from her husband Hardev Singh. 9. The above facts when considered in tandem with letters Ex. Likewise, Sarwan Lal DW-3 proved the National Saving Certificate in the sum of Rs. 5,000/- which had been purchased on 7.10.1987 by Gurbux Kaur from the remittances received from her husband Hardev Singh. 9. The above facts when considered in tandem with letters Ex. DA, DB and DC to which reference has been made above makes it clear that the relations between the parties were extremely cordial and that relations between Santokh Singh PW-4 and accused Hardev Singh were extremely close. The photographs Ex. D1 to D7 also show the close and cordial relationship between the couple. In this view of the matter, it also cannot be ignored that the information with regard to Gurbux Kaur jumping into the canal, had been received by Mohinder Singh on 21.9.1989 but he had lodged the FIR the next day i.e. 22.9.1989 after a delay of one day which could have been utilised to create a false story. 10. In view of the above, the judgment of the trial Court cannot be maintained. The appeal is accordingly allowed and the appellants are acquitted of the charges levelled against them.