{"id":17263,"date":"2009-12-17T00:00:00","date_gmt":"2009-12-16T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/joginder-singh-and-another-vs-state-of-haryna-on-17-december-2009"},"modified":"2018-12-15T06:16:00","modified_gmt":"2018-12-15T00:46:00","slug":"joginder-singh-and-another-vs-state-of-haryna-on-17-december-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/joginder-singh-and-another-vs-state-of-haryna-on-17-december-2009","title":{"rendered":"Joginder Singh And Another vs State Of Haryna on 17 December, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Joginder Singh And Another vs State Of Haryna on 17 December, 2009<\/div>\n
Crl. Appeal No. 638-SB of 1999                         {1}\n\n\n      In the High Court of Punjab and Haryana at Chandigarh\n\n\n                              Crl. Appeal No. 638-SB of 1999\n                              Date of Decision:December 17, 2009\n\n\nJoginder Singh and another\n\n\n                                           ---Appellants\n\n\n                  versus\n\nState of Haryna\n\n\n                                           ---Respondent\n\n\nCoram:      HONBLE MR. JUSTICE GURDEV SINGH\n\n                ***\n\nPresent:    Mrs. K.K.Kahlon, Advocate,\n            for the appellants\n\n            Mr. Raja Sharma, Assistant Advocate General,\n            Haryana\n\n                  ***\n\nGURDEV SINGH, J.\n<\/pre>\n
            The appellants-accused Joginder Singh and Harbans Kaur were<\/p>\n
tried by learned Additional Sessions Judge, Kaithal. Both of them were<\/p>\n
convicted under Section 498-A of the Indian Penal Code and were<\/p>\n
sentenced to under go rigorous imprisonment for a period of one year and<\/p>\n
to pay a fine of Rs. 1000\/- each and in default thereof, to further undergo<\/p>\n
rigorous imprisonment for a period of two months. Joginder Singh- accused<\/p>\n
was also convicted under Section 307 IPC and was sentenced to undergo<\/p>\n
rigorous imprisonment for a period of five years and to pay a fine of Rs.\n<\/p>\n
 Crl. Appeal No. 638-SB of 1999                          {2}<\/p>\n
6,000\/- and in default thereof, to further undergo rigorous imprisonment for<\/p>\n
a period of six months whereas Harbans Kaur was acquitted of the offence<\/p>\n
under Section 307 read with Section 34 IPC. The present appeal has been<\/p>\n
directed against that conviction and sentence.\n<\/p>\n
            The facts, in brief, are that Surjit Kaur, complainant, PW-4,<\/p>\n
was married to Joginder Singh-accused son of Harbans Kaur-accused. At<\/p>\n
the time of the marriage, the father of the complainant had given sufficient<\/p>\n
dowry as per his capacity. From this wedlock, a daughter and a son were<\/p>\n
born, but the son had died soon after the birth. Both the accused told the<\/p>\n
complainant that they would allow her to live in their house only in case<\/p>\n
she would bring a buffalo and Kara (bangle) of gold from her parents.<\/p>\n
When that demand was not fulfilled, the accused started beating her. When<\/p>\n
her brother Gurdev Singh visited her, she disclosed that fact to him, who<\/p>\n
promised to fulfill that demand of the accused in near future. The accused<\/p>\n
were given Rs. 10,000\/- by her father for purchasing a buffalo, who<\/p>\n
promised to give kara of gold after arranging for the money. After that, the<\/p>\n
behaviour of the accused     was good for some time and thereafter,they<\/p>\n
started beating her on the plea that the kara of gold had not been provided<\/p>\n
by her father. On 22.10.1997, at about 6.00 p.m., on the asking of both the<\/p>\n
accused, she started cooking the meals. Joginder Singh, who was already<\/p>\n
under the influence of liquor, brought a container of kerosene and poured<\/p>\n
the same on her and then set her on fire with the help of match stick. She<\/p>\n
raised alarm which attracted some of the villagers, who put off the fire<\/p>\n
with the help of water. On the asking of those persons, Joginder Singh-<\/p>\n
accused brought him to a private hospital at Kaithal, and admitted her at<\/p>\n
that place. Both the accused threatened her that in case she would make a
\n Crl. Appeal No. 638-SB of 1999                          {3}<\/p>\n
statement against them, they would not allow her to live in their house,<\/p>\n
even if she survives. About all these facts, Jagat Singh, PW-6, father of the<\/p>\n
complainant, had made a statement, Ex. PH, before Mewa Singh ASI, PW-<\/p>\n
7, who after recording the police proceedings, Ex. PH\/1, sent the same to<\/p>\n
the police station and on the basis thereof, formal FIR Ex. PH\/2 was<\/p>\n
recorded against the accused under Sections 307\/34 and 498-A IPC. The<\/p>\n
complainant was medically examined by the doctor, who found superficial<\/p>\n
and deep burns on her neck, face, chest and left arm. The ASI went to the<\/p>\n
place of occurrence and after inspecting the same, prepared the rough site<\/p>\n
plan, Ex. PK, with correct marginal notes. He recovered one empty<\/p>\n
container of kerosene from the spot, which was taken in possession vide<\/p>\n
memo Ex. P.A. He went to the hospital and made application, Ex. PF, to<\/p>\n
the doctor for enquiring about the fitness of the complainant\/injured to<\/p>\n
make her statement. She was declared fit by the doctor as per endorsement<\/p>\n
Ex. PF\/1. Thereafter, the statement of the complainant was recorded. In the<\/p>\n
course of investigation, statements of the witnesses were recorded and the<\/p>\n
relevant documents were taken into possession. The map of scale, Ex. PB,<\/p>\n
was got prepared from Ram Niwas, Draftsman, PW-5. After completion of<\/p>\n
the investigation, challan was put in before the court for the trial of the<\/p>\n
accused.\n<\/p>\n
            After the case was committed to the court of Session, the same<\/p>\n
was entrusted to learned Additional Sessions Judge, Kaithal, who charged<\/p>\n
the accused for the offences under Sections 307 read with Section 34 and<\/p>\n
498-A IPC. They pleaded not guilty to the charge and claimed trial.<\/p>\n
            To prove the guilt of the accused, prosecution examined<\/p>\n
Banarsi Singh SI, PW-1, Ajaib Singh, PW-2, Dr. Ram Kirti Garg, PW-3,
\n Crl. Appeal No. 638-SB of 1999                              {4}<\/p>\n
Surjit Kaur, PW-4, Ram Niwas, PW-5. Jagat Singh, PW-6 and Mewa Singh<\/p>\n
ASI, PW-7.\n<\/p>\n
             After the close of the prosecution evidence, the accused were<\/p>\n
examined by the learned Addl. Sessions Judge under Section 313 Cr.P.C..<\/p>\n
All the incriminating       circumstances appearing against them in the<\/p>\n
prosecution evidence were put to them in order to enable them to explain<\/p>\n
the same. They denied all those circumstances and pleaded their false<\/p>\n
implication. It was stated by them that Harbans Kaur-accused, had gone to<\/p>\n
village Rajoli, District Ambala, in connection with the demise of her sister-<\/p>\n
in-law, Thakur Kaur and stayed there from 20.10.1997 to 24.10.1997.<\/p>\n
             The accused were called upon to enter in their defence. They<\/p>\n
examined Ishwar Singh Constable, DW-1 and Ghasita Singh, DW-2 in<\/p>\n
their defence.\n<\/p>\n
             After hearing the Public Prosecutor for the State and learned<\/p>\n
defence counsel for the accused and going through the records of the case,<\/p>\n
Additional Sessions Judge convicted          and sentenced the accused as<\/p>\n
aforesaid.\n<\/p>\n
             Notice of the appeal was given to the State.\n<\/p>\n
             I have heard learned defence counsel for the accused and<\/p>\n
Assistant Advocate General, Haryana and have carefully gone through the<\/p>\n
records of the case.\n<\/p>\n
             It has been submitted by learned defence counsel for the<\/p>\n
accused that the complainant was under depression on account of death of<\/p>\n
his   newly born son and received the burn injuries accidentally while<\/p>\n
cooking food. That fact stand proved from the evidence produced on the<\/p>\n
record and still the learned trial court did not take cognizance of that fact. It
\n Crl. Appeal No. 638-SB of 1999                            {5}<\/p>\n
cannot be concluded from the evidence produced by the prosecution that the<\/p>\n
complainant was being treated with cruelty in connection with the demand<\/p>\n
of dowry and that an attempt was made on her life by setting her on fire with<\/p>\n
the help of kerosene. She also submitted that from the evidence produced<\/p>\n
by the accused in their defence, it stands proved that Harbans Kaur –<\/p>\n
accused, was not present at the time of alleged occurrence as she was away<\/p>\n
to the village of her sister-in-law to console her death. The alibi taken by<\/p>\n
that accused firmly stand proved on the record. She has prayed for their<\/p>\n
acquittal.\n<\/p>\n
             On the other hand, learned counsel for the State has contended<\/p>\n
that the positive evidence has been produced by the prosecution for proving<\/p>\n
the guilt of the accused which consists of the statement of Surjit Kaur-<\/p>\n
complainant and that finds corroboration from the other evidence, including<\/p>\n
the medical evidence.     Each and     every fact required for proving      the<\/p>\n
conviction    of the accused under Sections 307 and 498-A IPC has been<\/p>\n
proved by cogent and convincing evidence. The accused have failed to<\/p>\n
prove the alibi of Harbans Kaur-accused.\n<\/p>\n
             The husband or the relative of the husband of a woman is said<\/p>\n
to have committed an offence under Section 498-A IPC, if he or she<\/p>\n
subjects such woman to cruelty which means the harassment of the woman<\/p>\n
with a view to coercing her or any person related to her to meet any<\/p>\n
unlawful demand for any property or valuable security or is on account of<\/p>\n
failure by her or any person related to her to meet such demand. To prove<\/p>\n
all the facts which constitute the said offence, complainant-Surjit Kaur, PW-<\/p>\n
4, made a categorical statement in the Court. She stated that after the birth<\/p>\n
of the girl child, both the accused told her that she shall be allowed to reside
\n Crl. Appeal No. 638-SB of 1999                            {6}<\/p>\n
with them in case she would bring a buffalo and a kara of gold from her<\/p>\n
parents. She conveyed that demand of the accused to her brother-Gurdev<\/p>\n
Singh, who came to meet her four months prior to this occurrence. She<\/p>\n
had written a letter, Ex. PG, to her parents that the accused were raising a<\/p>\n
demand of Rs. 10,000\/- as additional dowry. Her father arranged for Rs.<\/p>\n
10,000\/- and gave that amount to the accused. She was being mal-treated<\/p>\n
by both the accused on account of the non-meeting of their demands. This<\/p>\n
statement of the complainant has been supported by her father-Jagat Singh,<\/p>\n
PW-6.    He has also deposed that the letter, Ex. PG,           written by the<\/p>\n
complainant was received by him. This letter, Ex. PG, which is an inland<\/p>\n
letter card, bears the postal stamp and seal. This letter creates confidence in<\/p>\n
the genuineness of the statement of the complainant and her father. The<\/p>\n
demand made by the accused was projected in this letter also. In spite of the<\/p>\n
lengthy cross examination of both these witnesses, the accused have not<\/p>\n
been able to extract any such circumstance or fact, on the basis of which it<\/p>\n
may be concluded that they have not made correct statements in the court or<\/p>\n
that they are not worthy of belief. The accused produced evidence in their<\/p>\n
defence. That evidence is only regarding the false involvement of Harbans<\/p>\n
Kaur in the other incident in respect of which, FIR was recorded under<\/p>\n
Section 307 IPC. That evidence has nothing to do with the evidence under<\/p>\n
Section 498-A IPC. There is nothing on the record for concluding that the<\/p>\n
above discussed evidence produced by the prosecution is not worthy of<\/p>\n
reliance. From that evidence, it stand proved that Joginder Singh-accused<\/p>\n
husband and Harbans Kaur-accused, mother of that accused, harassed the<\/p>\n
complainant with a view to meet their unlawful demand of buffalo,<\/p>\n
Rs. 10,000\/- and a kara of gold and on account of failure of her relatives to
\n Crl. Appeal No. 638-SB of 1999                           {7}<\/p>\n
meet those demands. A correct finding was recorded by learned Additional<\/p>\n
Sessions Judge that both the accused committed offence under Section 498-<\/p>\n
A IPC and the same is hereby affirmed.\n<\/p>\n
            Regarding the other incident, it was stated by Surjit Kaur,<\/p>\n
complainant- that on 22.10.1997 at about 6-00 p.m., as per the instructions<\/p>\n
of her mother-in-law, she was cooking food. Joginder Singh-accused started<\/p>\n
taking liquor and after some time he went inside and brought a small tin<\/p>\n
containing kerosene, which was sprinkled on her. He lit a match stick and<\/p>\n
throw the same on her body setting her ablaze. At that time Harbans Kaur<\/p>\n
was also present. She started crying and on hearing those screams, many<\/p>\n
persons rushed to that place, who extinguished the fire by pouring water on<\/p>\n
her body.    They asked her husband to shift her to a hospital and<\/p>\n
accordingly, she was taken to the hospital. She also deposed that about this<\/p>\n
fact when she made a report before the police.\n<\/p>\n
            It was deposed by Mewa Singh ASI, PW-7 that this statement<\/p>\n
Ex. PH, was made before him by the complainant and on the basis thereof ,<\/p>\n
FIR Ex. PH\/2 was recorded. According to him, it was on 31.10.1997, he<\/p>\n
was informed about this incident by Jagat Singh, PW-6, and thereafter he<\/p>\n
had gone to the hospital, where the statement of the complainant was<\/p>\n
recorded. Thus, there is a delay of nine days in reporting the matter to the<\/p>\n
police.\n<\/p>\n
            Question to be determined is :-\n<\/p>\n
            “whether the prosecution has been able to give any reasonable<\/p>\n
            explanation for that delay”.\n<\/p>\n
            According to Surjit Kaur-complainant, PW-4, when she was<\/p>\n
being shifted to the hospital, the accused had told her that in case she dared
\n Crl. Appeal No. 638-SB of 1999                          {8}<\/p>\n
to lodge a report against them, she will not be allowed to reside with them.<\/p>\n
Her parents came to see her after 8\/9 days and only then she lodged the<\/p>\n
report with the police.\n<\/p>\n
             According to Dr. Ram Kirti Garg, PW-3, the complainant was<\/p>\n
admitted in her hospital, namely, Kirti Hospital, Kaithal, on 22.10.1997<\/p>\n
with 20% burn injuries on her neck, face, anterior chest part\/wall and left<\/p>\n
arm, which were superficial and deep burns. She has stated during her<\/p>\n
cross-examination that the injured had told her that she had suffered those<\/p>\n
injuries while cooking food and had no grudge against any one and did not<\/p>\n
want to take legal proceedings of any kind against any one. She proved<\/p>\n
that statement of the injured as EX. DB. She was re-examined by the<\/p>\n
prosecution and at that time it was suggested to her that the injured never<\/p>\n
disclosed any such fact to her.\n<\/p>\n
             A perusal of Bead Head Ticket Ex. PE, containing the<\/p>\n
statement Ex. DB, makes it very much clear that the said statement and the<\/p>\n
history of receipt of burn injuries while cooking food in the kitchen have<\/p>\n
been written subsequently with a different ink. That statement does not<\/p>\n
bear the thumb mark or signature of the injured. The same is in Hindi<\/p>\n
script, whereas the remaining part of Bead Head Ticket is in English script.<\/p>\n
That statement even does not bear the attestation of the said doctor. From<\/p>\n
the circumstances and the evidence produced on the record, the stand taken<\/p>\n
by the complainant becomes very much probable. It appears that on account<\/p>\n
of the threats having been given by the accused, she did not report the<\/p>\n
matter to the police. After the doctor found the burn injuries on her person,<\/p>\n
she was required to report the matter to the police, but the same was not<\/p>\n
done. In all these circumstances, she was bound to support the version of
\n Crl. Appeal No. 638-SB of 1999                           {9}<\/p>\n
the accused that the injured had disclosed to her that the injuries were<\/p>\n
received accidentally while cooking food in the kitchen. It was only after<\/p>\n
the father of the complainant appeared on the scene, that the police came in<\/p>\n
action and recorded the statement of the complainant. The delay in lodging<\/p>\n
the FIR, in the present case, stands explained.\n<\/p>\n
            To prove his alibi, Harbans Kaur-accused examined Ishwar<\/p>\n
Singh, Constable, DW-1, who proved on record carbon copy of the<\/p>\n
application Ex. DC, which was given by this accused to the Superintendent<\/p>\n
of Police Kaithal. In that application, she had made a prayer that on the date<\/p>\n
of the occurrence, she was away to village Rajoli and that an enquiry be<\/p>\n
conducted into that aspect. The above said Constable deposed during his<\/p>\n
cross examination that an enquiry was conducted by Ajaib Singh ASI,<\/p>\n
who submitted his report on 6.12.1997, and the contents of the application<\/p>\n
were not found to be true. Thus, the version put forward by Harbans Kaur-<\/p>\n
accused regarding her non-presence at the time of occurrence in the house,<\/p>\n
was not found to be correct by the police.\n<\/p>\n
            This accused also examined Ghasita Singh, DW-2, who is<\/p>\n
Sarpanch of village Rajoli. He produced in court the original resolution<\/p>\n
dated 16.11.1997 and proved on record copy thereof Ex. DD. In this<\/p>\n
resolution it was mentioned that on 20.10.1997, Harbans Kaur accused had<\/p>\n
come to village Rajoli and she had to stay there up to 24.10.1997. It is<\/p>\n
important to note as to how this resolution was passed. According to the<\/p>\n
above said Sarpanch, an affidavit was given by Makhan Singh, brother of<\/p>\n
this accused   and thereafter, the Panchayat      assembled and passed the<\/p>\n
resolution. This evidence produced by the accused regarding her alibi<\/p>\n
cannot be treated as a direct evidence. She could have examined some
\n Crl. Appeal No. 638-SB of 1999                           {10}<\/p>\n
witness from that village    that she remained present in that village from<\/p>\n
20.10.1997 to 24.10.1997 but no such person was examined by her. On the<\/p>\n
basis of this defence evidence, it cannot be concluded that she was away to<\/p>\n
that village at the time of the occurrence. Moreover, this contention stands<\/p>\n
falsified from the statement of Dr. Ram Kirti Garg, PW-3, who stated that<\/p>\n
when the injured was admitted in the hospital, her husband and mother-in-<\/p>\n
law were present.    Her statement inspires confidence in the evidence<\/p>\n
produced by the prosecution that Harbans Kaur-accused was very much<\/p>\n
present in the house on 22.10.1997, when the occurrence took place.<\/p>\n
            In view of what has been said above, this appeal is dismissed.<\/p>\n
The conviction and sentence of the accused are upheld.<\/p>\n
            In case, they are on bail, they be taken into custody        for<\/p>\n
undergoing the remaining sentence of imprisonment imposed upon them.<\/p>\n
                                               (GURDEV SINGH)
\n                                                  JUDGE<\/p>\n
December 17, 2009
\nPARAMJIT\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Joginder Singh And Another vs State Of Haryna on 17 December, 2009 Crl. Appeal No. 638-SB of 1999 {1} In the High Court of Punjab and Haryana at Chandigarh Crl. Appeal No. 638-SB of 1999 Date of Decision:December 17, 2009 Joginder Singh and another —Appellants versus State of Haryna —Respondent Coram: HONBLE […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-17263","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nJoginder Singh And Another vs State Of Haryna on 17 December, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/joginder-singh-and-another-vs-state-of-haryna-on-17-december-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Joginder Singh And Another vs State Of Haryna on 17 December, 2009 - 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