Crl. Appeal No. 483- DBA of 2001 [ 1 ]
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Appeal No. 483- DBA of 2001
Date of Decision: July 27,2009
Balbir Kaur .................................................................... Appellant
Versus
Resham Singh and others............................................ Respondents
Coram: Hon'ble Mr.Justice Ashutosh Mohunta
Hon'ble Mr. Justice Mohinder Pal
Present: Mr. Davinder Bir Singh, Advocate
for the appellant.
Mr. H.S.Gill, Sr. Advocate with
Mr. Vivek Goyal, Advocate
for the respondents.
...
ASHUTOSH MOHUNTA, J.
The complainant-Balbir Kaur has filed this appeal against the
judgment dated 11.10.2000 passed by the Additional Sessions Judge,
Bathinda, vide which three accused, namely Resham Singh, Sukhdev Kaur
and Simmerjit Kaur, who were charged under Sections 302/34 and 498-A
IPC were acquitted of the charges.
The complainant-Balbir Kaur filed a complaint on 19.12.1991
before the Additional Chief Judicial Magistrate, Bathinda, wherein it was
averred that her daughter Harwinder Kaur was married to Resham Singh-
Crl. Appeal No. 483- DBA of 2001 [ 2 ]
accused and a son, namely, Sandeep Singh, was born out of this wed-lock
about 4 years back. Resham Singh accused used to treat her with contempt
and hatred and compelled her to bring more dowry. The complainant kept
on satisfying such illegal demands of the accused in the hope that her
daughter would be settled in the marital home. On 28.7.1990 at 2:30 P.M.
Resham Singh accused along with his aunt Sukhdev Kaur, with whom he
had illicit relations, and his sister Simmerjit Kaur murdered her daughter
Harwinder Kaur and did not even intimate about her death. On the same
evening Resham Singh accused along with some other persons first went to
Joginder Singh, a common friend of both the sides, resident of village
Jhanduke, District Bathinda and confessed before him that he along with his
sister Simmerjit Kaur and aunt Sukhdev Kaur had murdered Harwinder
Kaur and her dead body was lying in their house at village Teona and
requested him (Joginder Singh) to get a compromise effected. Joginder
Singh, on enquiry, found that no information had been sent to the parents of
Harwinder Kaur. At this, Joginder Singh asked him to leave his house as he
had committed a henious crime. Then Resham Singh and his companion
went to another relation of the complainant, namely, Ajaib Singh son of
Jang Singh, resident of Kot Fatta and told him the whole occurrence. Ajaib
Singh also turned him out of the house saying that he had committed a
murder of Harwinder Kaur. On 29.7.1990 early in the morning both
Joginder Singh and Ajaib Singh came to the village of complainant and
stated the story which was narrated by accused Resham Singh to them. In
the mean time, two persons came on a scooter and told that Harwinder Kaur
had died at village Teona. The complainant party hired two jeeps from Bus
Stand Nathana and went to Teona. When they reached the site of dead body,
Crl. Appeal No. 483- DBA of 2001 [ 3 ]
no body from the in-laws of Harwinder Kaur came to receive them. When
they tried to see the place of her death, they were not allowed to see that
place. No body expressed any sorry or grief over her death and even wept
for her. All were in a hurry to cremate the dead body. The complainant
party took the dead body to Bathinda for post-mortem stating that her in-
laws had murdered their daughter. When they reached near Bathinda, many
relations of the accused party came forward, armed with rifles and other
weapons, and took back the dead body which was cremated in the presence
of the complainant party and other persons of village Nathana. At that time,
it was noticed that some poisonous substance was coming out of the mouth
and nose of Harwinder Kaur deceased and her face was bluish on one side.
Her shoulders were showing the signs of bites by a man. Her hands were
tidy and bluish. Her back side was all reddish which meant that she was
severely beaten up to death. Her heals showed that she had been given
beatings with some blunt edged weapons like Danda or Sota. It was added
that on earlier occasions also, Resham Singh attempted to kill her by putting
some bricks on her neck and throat, but she had a miraculous escape, which
act was admitted by him (Resham Singh) and he begged pardon. The motive
of this crime, according to the complainant, is that Resham Singh had illicit
relations with her aunt Sukhdev Kaur, who was jealous of the presence of
Harwinder Kaur. All the accused have murdered Harwinder Kaur in a
conspiracy.
It was further averred that the complainant made numerous
complaints to the higher authorities i.e. on 7.12.1990, 5.3.1991, 8.4.1991
and 18.12.1991 but no action was taken on her complaints made to the
police and, therefore, she was constrained to file the complaint on
Crl. Appeal No. 483- DBA of 2001 [ 4 ]
19.12.1991 before the Additional Chief Judicial Magistrate, Bathinda.
The complainant led preliminary evidence in support of her
complaint before the Additional Chief Judicial Magistrate, Bathinda. She
examined Ajaib Singh (PW1), Joginder Singh (PW2), Ranjit Singh (PW3),
Ramesh Kumar, Clerk (PW4), Tej Singh (PW6), Kirpal Singh (PW7) and
also examined herself as PW5. The Additional Chief Judicial Magistrate,
Bathinda, after considering the preliminary evidence led by the
complainant ordered that the accused be summoned under Sections 302 and
201 read with Section 120-B IPC. The accused were accordingly
summoned. Thereafter, the Additional Chief Judicial Magistrate, Bathinda,
vide his order dated 27.11.1992 committed the case for trial to the Court of
Sessions and the accused were charged under Sections 302/34 and 498-A
IPC to which they pleaded not guilty and claimed trial.
In order to prove the charges against the three accused, the
prosecution examined PW1 Ramesh Kumar, PW2 Balbir Kaur, PW3 Ranjit
Singh. PW Tej Singh was given up being unnecessary while Kirpal Singh
and Ajaib Singh were given up being won over by the accused. No other
evidence was led and, accordingly, the evidence was closed vide order dated
9.10.2000.
Balbir Kaur appeared as PW2 and reiterated what she had
stated in her complaint. It was deposed by her that the accused Resham
Singh used to continuously harass Harwinder Kaur, daughter of the
complainant, and used to ask her to bring more dowry. The complainant
satisfied the greed of the accused Resham Singh so that her daughter could
settle peacefully in her matrimonial home but to no effect as on 28.7.1990 at
about 2:30 P.M. the accused Resham Singh along with his aunt Sukhdev
Crl. Appeal No. 483- DBA of 2001 [ 5 ]
Kaur and his sister Simmerjit Kaur murdered Harwinder Kaur. The
complainant was not even informed of the death of her daughter. It was
further averred that the accused Resham Singh had confessed his guilt
before Ajaib Singh, a relation of the complainant who turned him out of his
house saying that he had murdered Harwinder Kaur. The accused had also
gone to the house of Joginder Singh to get a compromise effected, but he
also asked him to leave his house. It was further averred that numerous
complaints were made to the police but no case was registered against the
accused and, therefore, a complaint was filed before the Additional Chief
Judicial Magistrate, Bathinda, on 19.12.1991.
Ranjit Singh was also examined as PW3. He stated that
Harwinder Kaur was his sister and that she was murdered by the accused on
28.7.1990. It was stated by him that he along with the other members of his
family were informed of the murder of his sister by Ajaib Singh and
Joginder Singh. He along with his mother i.e. Balbir Kaur and some other
persons from the village went to village Teona i.e. the village of the accused
in two jeeps. However, they were not allowed to see the deceased
Harwinder Kaur. They insisted to get the post-mortem of the deceased done
and for that purpose they were taking Harwinder Kaur to Bathinda but on
the way they were stopped by about 50 persons and the complainant side
were forced to cremate the dead body. It was further stated by this witness
that his sister Harwinder Kaur was turned out of her matrimonial home by
the accused who had demanded dowry. Resham Singh had come to their
house about 2-3 months ago and was apologized and thereafter Harwinder
Kaur was sent with him. It was further averred by this witness that the
matter was reported to the police but no action was taken by them.
Crl. Appeal No. 483- DBA of 2001 [ 6 ]
After closer of the prosecution evidence the accused were
examined under Section 313 Cr. P.C. and all the incriminating evidence was
put to them. They denied the case of the prosecution and pleaded their
innocence. It was averred by the accused that a false case has been
registered against them at the behest of the complainant because she wanted
to keep the custody of Sandeep Singh, son of the deceased, and also to grab
the property of Sandeep Singh.
The trial Court, after going through the entire evidence and
hearing the counsel for the parties, acquitted all the accused. It was held by
the trial Court that Harwinder Kaur is alleged to have been murdered on
28.7.1990 in village Teona at 2:30 P.M. However, the complaint in this case
was filed before the Additional Chief Judicial Magistrate, Bathinda, on
19.12.1991 i.e. after more than 1 year and 4 months of the alleged
occurrence. Although the complainant had tried to explain the delay by
saying that she had made various complaints to the higher authorities on
7.12.1990, 5.3.1991, 8.4.1991 and 18.12.1991 but no evidence has been
produced to show that any such complaint was made before the police.
Therefore, the trial Court held that the complainant Balbir Kaur and her son
were not truthful witnesses and no reliance can be placed on their
testimonies. It was also held by the trial Court that the complainant and her
brother Ranjit Singh had stated that they had proceeded to Bathinda with the
dead body of Harwinder Kaur to get her post-mortem examination
conducted but they were stopped by 50 persons including the accused who
did not allow them to take the dead body to the Civil Hospital, Bathinda,
and thereafter the dead body was cremated. The prosecution has not been
able to show as to why no complaint was made to any authority stating that
Crl. Appeal No. 483- DBA of 2001 [ 7 ]
they are being dissuaded from getting the post-mortem of the deceased
conducted.
Apart from the above, a perusal of the statement of Balbir Kaur,
Ex.DB attested by the Inspector, SHO Police Station Sadar, Bathinda, on
28.8.1990 shows that she had stated that the dead body of her daughter was
taken to her village Nathana and was cremated there. It also shows that a
compromise had been effected between both the parties with regard to the
custody of Sandeep Singh, minor son of her daughter Harwinder Kaur. In
this statement, there is no allegation against any of the accused that they had
conspired and murdered her daughter Harwinder Kaur.
Counsel for the complainant has argued that the trial Court
gravely erred in not placing any reliance on the testimony of Balbir Kaur
PW2 and Ranjit Singh PW3. It has been argued that Balbir Kaur has
categorically deposed that her daughter Harwinder Kaur was killed by the
accused because of the greed for more dowry. It has also been argued that
although the complainant party wanted to get the post-mortem of the dead
body done but they were dissuaded from doing so by the accused. Counsel
for the complainant has also tried to explain the delay in lodging the
complaint by arguing that numerous complaints were made to the police but
no action was taken by them.
The arguments raised by the counsel for the complainant are
without merit. The occurrence in this case is alleged to have taken place on
28.7.1990 but the complaint was filed by the complainant on 19.12.1991 i.e.
after a gap of more than 16 months. No cogent explanation has been given
as to why the complainant has not reported the matter to the authorities for
more than one year and four months. A perusal of Ex. DB dated 28.8.1990
Crl. Appeal No. 483- DBA of 2001 [ 8 ]
shows that Balbir Kaur had not made any allegation against any of the
accused while making her statement before the SHO, Police Station Sadar,
Bathinda. Moreover, a perusal of her statement as PW2 also shows that she
had bathed the dead body of her daughter Harwinder Kaur. Had there been
marks of any injury or any other suspicion, the complainant would have
definitely reported the matter to the police immediately. Even the story of
the complainant that the complainant party was dissuaded from getting the
post-mortem conducted at Bathinda is absolutely false as not only did the
complainant accompany the deceased but there were 5-6 other persons also.
The deceased Harwinder Kaur was cremated at Nathana i.e. village of the
complainant in the presence of many persons after giving her a bath. There
was no mark of any injury on the body of Harwinder Kaur when she was
taken to the house of the complainant. If the complainant or any one of the
village had suspected foul play then any body could have easily reported the
matter to the police. Thus, on the basis of the evidence led, it is not possible
for us to reverse the findings of acquittal recorded by the trial Court.
In view of the aforementioned discussion, we find no merit in
this appeal filed by the complainant and, accordingly, we uphold the
judgment dated 11.10.2000 passed by the Additional Sessions Judge,
Bathinda, vide which the accused had been acquitted.
( ASHUTOSH MOHUNTA )
JUDGE
27.7.2009 ( MOHINDER PAL )
Rupi JUDGE