Crl.Rev No.1670 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev No.1670 of 2009 Date of Decision: 17.08.2011 Charanjit Singh ...Petitioner Vs. State of Punjab & Ors. ...Respondents BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Manish Gulati, Advocate, for the petitioner. Ms.Bhavna Gupta, DAG, Punjab. --- A.N.Jindal, J. This petition assails the judgment of acquittal dated 4.03.2009 passed by learned Addl. Sessions Judge, Barnala, acquitting the accused (hereinafter referred to as respondents No. 2 to 5), of the charge under section 306 of the Indian Penal Code. In nutshell the prosecution version is that Kulwinder Kaur deceased was married to Jaspal Singh accused, 13 years prior to the occurrence. From the wedlock, two sons namely Jaspreet Singh aged about 12 years and Gagandeep Singh aged about 9 years, were born. Charanjit Singh complainant (herein referred as the complainant) is the brother of deceased Kulwinder Kaur. Crl.Rev No.1670 of 2009 2 In his statement before the police, he disclosed that after 2 years of the marriage respondents No.2 to 5 started maltreating her sister on account of bringing insufficient dowry and used to turn her out of her matrimonial house but she had been rehabilitated. About 5-6 days prior to the occurrence Charanjit Singh and his uncle Major Singh came to Barnala and witnessed that accused Jaspal Singh and his family members were beating Kulwinder Kaur. On their interference Jaspal Singh admitted his fault and begged pardon. However, on 17.5.2002 at about 9 AM, the deceased rang up at her parental house to inform that the accused were beating and maltreating her and she apprehended that she might not be killed. Then the father of the complainant informed the complainant about this fact, whereupon he reached Barnala and came to know that the deceased had committed suicide by consuming some poisonous substance. On the basis of the aforesaid statement of Charanjit Singh, case was registered against respondents No. 2 to 5, which was investigated and ultimately charge report was submitted against them. On commitment all the accused were charge-sheeted for the offence punishable under section 306 IPC, to which they pleaded not guilty and claimed trial. On trial, the prosecution examined 7 witnesses in all viz. Dr.Neera Seth (PW 1), Charanjit Singh complainant (PW 2), Major Singh (PW 3), Kheta Singh (PW 4), Amrik Singh (PW 5), Swaran Crl.Rev No.1670 of 2009 3 Singh (PW 6) and ASI Darshan Singh (PW 7). When examined under section 313 of the Code of Criminal Procedure, the accused denied all the allegations and pleaded their false implication in the case. The accused Jaspal Singh further explained that after performing normal daily routine, he had gone out of his house. He has been living separate from his father since long. At the time when he left the house, the deceased was normal, but later on he was informed about her ill-health. On coming to know about the incident he immediately reached the house and it appeared to him that she had taken some poisonous substance, then he shifted Kulwinder Kaur to the hospital where her condition became precarious and the doctor at Barnala referred her to Ludhiana. Thereupon he took her to Ludhiana but she died on the way. However, the complainant in order to harass them and take custody of the minor sons implicated them in the false case. The other accused also denied the allegations. Arguments heard. Record perused. First version as unfolded in the statement of the complainant is that he and Kheta Singh (PW 4) were informed telephonically by deceased Kulwinder Kaur that the accused were maltreating her and she apprehended danger to her life. Even Kheta Singh (PW 4) has testified to this effect. However, the witnesses apparently did not disclose if the deceased had expressed her desire to commit suicide as such the story of committing suicide is doubtful. No evidence is coming on record with regard to the maltreatment as Crl.Rev No.1670 of 2009 4 alleged by the complainant at the hands of the accused. No particular instance of maltreatment has been given. No date, time and manner in which the accused have been maltreating has been disclosed. Furthermore, the testimonies of the witnesses are quite contradictory on material points. At the same time the conduct of the accused Jaspal Singh was appreciable. He immediately on hearing about the consuming of some poisonous substance by the deceased, reached the house, took her to the hospital at Barnala, from where he took her to the hospital at Ludhiana for better treatment. Had there been any ill intention on the part of the accused then they would not have taken her to the hospital for treatment. Furthermore, it appears that the marriage of the deceased had taken place 12 years back. Deceased had two young sons. None of them has come forward to fortify the allegations as levelled by the complainant and his father. Any of the two sons could well depose about the atrocities if committed upon their mother and they could name the defaulter and the manner in which the accused were dealing with her. Whole of the family, including Gurdev Singh who was aged about 78 years at that time, his married son and living separately and his daughter Paramjit Kaur, a resident of Mohali, were also not spared. The implication of the entire family in the case clearly indicates the anxiety of the complainant party to involve the accused/respondents, without any cogent evidence. Trial court appears to have appreciated the evidence in Crl.Rev No.1670 of 2009 5 the right perspective. No illegality or perversity much less any such irregularity has been pointed out so as to upset the findings returned by the trial court. No merit. Dismissed. (A.N.Jindal) 17.08.2011 Judge rp