{"id":188567,"date":"2009-07-27T00:00:00","date_gmt":"2009-07-26T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/balbir-kaur-vs-resham-singh-and-others-on-27-july-2009"},"modified":"2015-03-28T09:29:48","modified_gmt":"2015-03-28T03:59:48","slug":"balbir-kaur-vs-resham-singh-and-others-on-27-july-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/balbir-kaur-vs-resham-singh-and-others-on-27-july-2009","title":{"rendered":"Balbir Kaur vs Resham Singh And Others on 27 July, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Balbir Kaur vs Resham Singh And Others on 27 July, 2009<\/div>\n
Crl. Appeal No. 483- DBA of 2001                                                    [ 1 ]\n\nIN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH\n\n\n\n\n                                                   Crl. Appeal No. 483- DBA of 2001\n                                                   Date of Decision: July 27,2009\n\n\n\n\nBalbir Kaur .................................................................... Appellant\n\n                                     Versus\n\nResham Singh and others............................................ Respondents\n\n\n\n\nCoram: Hon'ble Mr.Justice Ashutosh Mohunta\n       Hon'ble Mr. Justice Mohinder Pal\n\n\n\nPresent:       Mr. Davinder Bir Singh, Advocate\n               for the appellant.\n\n               Mr. H.S.Gill, Sr. Advocate with\n               Mr. Vivek Goyal, Advocate\n               for the respondents.\n\n                                                   ...\n\nASHUTOSH MOHUNTA, J.\n<\/pre>\n
                 The complainant-Balbir Kaur has filed this appeal against the<\/p>\n
judgment dated 11.10.2000 passed by the Additional Sessions Judge,<\/p>\n
Bathinda, vide which three accused, namely Resham Singh, Sukhdev Kaur<\/p>\n
and Simmerjit Kaur, who were charged under Sections 302\/34 and 498-A<\/p>\n
IPC were acquitted of the charges.\n<\/p>\n
                 The complainant-Balbir Kaur filed a complaint on 19.12.1991<\/p>\n
before the Additional Chief Judicial Magistrate, Bathinda, wherein it was<\/p>\n
averred that her daughter Harwinder Kaur was married to Resham Singh-\n<\/p>\n
 Crl. Appeal No. 483- DBA of 2001                             [ 2 ]<\/p>\n
accused and a son, namely, Sandeep Singh, was born out of this wed-lock<\/p>\n
about 4 years back. Resham Singh accused used to treat her with contempt<\/p>\n
and hatred and compelled her to bring more dowry. The complainant kept<\/p>\n
on satisfying such illegal demands of the accused in the hope that her<\/p>\n
daughter would be settled in the marital home. On 28.7.1990 at 2:30 P.M.<\/p>\n
Resham Singh accused along with his aunt Sukhdev Kaur, with whom he<\/p>\n
had illicit relations, and his sister Simmerjit Kaur murdered her daughter<\/p>\n
Harwinder Kaur and did not even intimate about her death. On the same<\/p>\n
evening Resham Singh accused along with some other persons first went to<\/p>\n
Joginder Singh, a common friend of both the sides, resident of village<\/p>\n
Jhanduke, District Bathinda and confessed before him that he along with his<\/p>\n
sister Simmerjit Kaur and aunt Sukhdev Kaur had murdered Harwinder<\/p>\n
Kaur and her dead body was lying in their house at village Teona and<\/p>\n
requested him (Joginder Singh) to get a compromise effected. Joginder<\/p>\n
Singh, on enquiry, found that no information had been sent to the parents of<\/p>\n
Harwinder Kaur. At this, Joginder Singh asked him to leave his house as he<\/p>\n
had committed a henious crime. Then Resham Singh and his companion<\/p>\n
went to another relation of the complainant, namely, Ajaib Singh son of<\/p>\n
Jang Singh, resident of Kot Fatta and told him the whole occurrence. Ajaib<\/p>\n
Singh also turned him out of the house saying that he had committed a<\/p>\n
murder of Harwinder Kaur. On 29.7.1990 early in the morning both<\/p>\n
Joginder Singh and Ajaib Singh came to the village of complainant and<\/p>\n
stated the story which was narrated by accused Resham Singh to them. In<\/p>\n
the mean time, two persons came on a scooter and told that Harwinder Kaur<\/p>\n
had died at village Teona. The complainant party hired two jeeps from Bus<\/p>\n
Stand Nathana and went to Teona. When they reached the site of dead body,
\n Crl. Appeal No. 483- DBA of 2001                              [ 3 ]<\/p>\n
no body from the in-laws of Harwinder Kaur came to receive them. When<\/p>\n
they tried to see the place of her death, they were not allowed to see that<\/p>\n
place. No body expressed any sorry or grief over her death and even wept<\/p>\n
for her. All were in a hurry to cremate the dead body. The complainant<\/p>\n
party took the dead body to Bathinda for post-mortem stating that her in-<\/p>\n
laws had murdered their daughter. When they reached near Bathinda, many<\/p>\n
relations of the accused party came forward, armed with rifles and other<\/p>\n
weapons, and took back the dead body which was cremated in the presence<\/p>\n
of the complainant party and other persons of village Nathana. At that time,<\/p>\n
it was noticed that some poisonous substance was coming out of the mouth<\/p>\n
and nose of Harwinder Kaur deceased and her face was bluish on one side.<\/p>\n
Her shoulders were showing the signs of bites by a man. Her hands were<\/p>\n
tidy and bluish. Her back side was all reddish which meant that she was<\/p>\n
severely beaten up to death. Her heals showed that she had been given<\/p>\n
beatings with some blunt edged weapons like Danda or Sota. It was added<\/p>\n
that on earlier occasions also, Resham Singh attempted to kill her by putting<\/p>\n
some bricks on her neck and throat, but she had a miraculous escape, which<\/p>\n
act was admitted by him (Resham Singh) and he begged pardon. The motive<\/p>\n
of this crime, according to the complainant, is that Resham Singh had illicit<\/p>\n
relations with her aunt Sukhdev Kaur, who was jealous of the presence of<\/p>\n
Harwinder Kaur. All the accused have murdered Harwinder Kaur in a<\/p>\n
conspiracy.\n<\/p>\n
              It was further averred that the complainant made numerous<\/p>\n
complaints to the higher authorities i.e. on 7.12.1990, 5.3.1991, 8.4.1991<\/p>\n
and 18.12.1991 but no action was taken on her complaints made to the<\/p>\n
police and, therefore, she was constrained to file the complaint on
\n Crl. Appeal No. 483- DBA of 2001                              [ 4 ]<\/p>\n
19.12.1991 before the Additional Chief Judicial Magistrate, Bathinda.<\/p>\n
             The complainant led preliminary evidence in support of her<\/p>\n
complaint before the Additional Chief Judicial Magistrate, Bathinda. She<\/p>\n
examined Ajaib Singh (PW1), Joginder Singh (PW2), Ranjit Singh (PW3),<\/p>\n
Ramesh Kumar, Clerk (PW4), Tej Singh (PW6), Kirpal Singh (PW7) and<\/p>\n
also examined herself as PW5. The Additional Chief Judicial Magistrate,<\/p>\n
Bathinda,     after considering the preliminary evidence led by the<\/p>\n
complainant ordered that the accused be summoned under Sections 302 and<\/p>\n
201 read with Section 120-B IPC. The accused were accordingly<\/p>\n
summoned. Thereafter, the Additional Chief Judicial Magistrate, Bathinda,<\/p>\n
vide his order dated 27.11.1992 committed the case for trial to the Court of<\/p>\n
Sessions and the accused were charged under Sections 302\/34 and 498-A<\/p>\n
IPC to which they pleaded not guilty and claimed trial.<\/p>\n
             In order to prove the charges against the three accused, the<\/p>\n
prosecution examined PW1 Ramesh Kumar, PW2 Balbir Kaur, PW3 Ranjit<\/p>\n
Singh. PW Tej Singh was given up being unnecessary while Kirpal Singh<\/p>\n
and Ajaib Singh were given up being won over by the accused. No other<\/p>\n
evidence was led and, accordingly, the evidence was closed vide order dated<\/p>\n
9.10.2000.\n<\/p>\n
             Balbir Kaur appeared as PW2 and reiterated what she had<\/p>\n
stated in her complaint. It was deposed by her that the accused Resham<\/p>\n
Singh used to continuously harass Harwinder Kaur, daughter of the<\/p>\n
complainant, and used to ask her to bring more dowry. The complainant<\/p>\n
satisfied the greed of the accused Resham Singh so that her daughter could<\/p>\n
settle peacefully in her matrimonial home but to no effect as on 28.7.1990 at<\/p>\n
about 2:30 P.M. the accused Resham Singh along with his aunt Sukhdev
\n Crl. Appeal No. 483- DBA of 2001                               [ 5 ]<\/p>\n
Kaur and his sister Simmerjit Kaur murdered Harwinder Kaur. The<\/p>\n
complainant was not even informed of the death of her daughter. It was<\/p>\n
further averred that the accused Resham Singh had confessed his guilt<\/p>\n
before Ajaib Singh, a relation of the complainant who turned him out of his<\/p>\n
house saying that he had murdered Harwinder Kaur. The accused had also<\/p>\n
gone to the house of Joginder Singh to get a compromise effected, but he<\/p>\n
also asked him to leave his house. It was further averred that numerous<\/p>\n
complaints were made to the police but no case was registered against the<\/p>\n
accused and, therefore, a complaint was filed before the Additional Chief<\/p>\n
Judicial Magistrate, Bathinda, on 19.12.1991.\n<\/p>\n
            Ranjit Singh     was also examined as PW3. He stated that<\/p>\n
Harwinder Kaur was his sister and that she was murdered by the accused on<\/p>\n
28.7.1990. It was stated by him that he along with the other members of his<\/p>\n
family were informed of the murder of his sister by Ajaib Singh and<\/p>\n
Joginder Singh. He along with his mother i.e. Balbir Kaur and some other<\/p>\n
persons from the village went to village Teona i.e. the village of the accused<\/p>\n
in two jeeps. However, they were not allowed to see the deceased<\/p>\n
Harwinder Kaur. They insisted to get the post-mortem of the deceased done<\/p>\n
and for that purpose they were taking Harwinder Kaur to Bathinda but on<\/p>\n
the way they were stopped by about 50 persons and the complainant side<\/p>\n
were forced to cremate the dead body. It was further stated by this witness<\/p>\n
that his sister Harwinder Kaur was turned out of her matrimonial home by<\/p>\n
the accused who had demanded dowry. Resham Singh had come to their<\/p>\n
house about 2-3 months ago and was apologized and thereafter Harwinder<\/p>\n
Kaur was sent with him. It was further averred by this witness that the<\/p>\n
matter was reported to the police but no action was taken by them.\n<\/p>\n
 Crl. Appeal No. 483- DBA of 2001                               [ 6 ]<\/p>\n
            After closer of the prosecution evidence the accused were<\/p>\n
examined under Section 313 Cr. P.C. and all the incriminating evidence was<\/p>\n
put to them. They denied the case of the prosecution and pleaded their<\/p>\n
innocence. It was averred by the accused that a false case has been<\/p>\n
registered against them at the behest of the complainant because she wanted<\/p>\n
to keep the custody of Sandeep Singh, son of the deceased, and also to grab<\/p>\n
the property of Sandeep Singh.\n<\/p>\n
            The trial Court, after going through the entire evidence and<\/p>\n
hearing the counsel for the parties, acquitted all the accused. It was held by<\/p>\n
the trial Court that Harwinder Kaur is alleged to have been murdered on<\/p>\n
28.7.1990 in village Teona at 2:30 P.M. However, the complaint in this case<\/p>\n
was filed before the Additional Chief Judicial Magistrate, Bathinda, on<\/p>\n
19.12.1991 i.e. after more than 1 year and 4 months of the alleged<\/p>\n
occurrence. Although the complainant had tried to explain the delay by<\/p>\n
saying that she had made various complaints to the higher authorities on<\/p>\n
7.12.1990, 5.3.1991, 8.4.1991 and 18.12.1991 but no evidence has been<\/p>\n
produced to show that any such complaint was made before the police.<\/p>\n
Therefore, the trial Court held that the complainant Balbir Kaur and her son<\/p>\n
were not truthful witnesses      and no reliance can be placed on their<\/p>\n
testimonies. It was also held by the trial Court that the complainant and her<\/p>\n
brother Ranjit Singh had stated that they had proceeded to Bathinda with the<\/p>\n
dead body of Harwinder Kaur to get her post-mortem examination<\/p>\n
conducted but they were stopped by 50 persons including the accused who<\/p>\n
did not allow them to take the dead body to the Civil Hospital, Bathinda,<\/p>\n
and thereafter the dead body was cremated. The prosecution has not been<\/p>\n
able to show as to why no complaint was made to any authority stating that
\n Crl. Appeal No. 483- DBA of 2001                               [ 7 ]<\/p>\n
they are being dissuaded from getting the post-mortem of the deceased<\/p>\n
conducted.\n<\/p>\n
             Apart from the above, a perusal of the statement of Balbir Kaur,<\/p>\n
Ex.DB attested by the Inspector, SHO Police Station Sadar, Bathinda, on<\/p>\n
28.8.1990 shows that she had stated that the dead body of her daughter was<\/p>\n
taken to her village Nathana and was cremated there. It also shows that a<\/p>\n
compromise had been effected between both the parties with regard to the<\/p>\n
custody of Sandeep Singh, minor son of her daughter Harwinder Kaur. In<\/p>\n
this statement, there is no allegation against any of the accused that they had<\/p>\n
conspired and murdered her daughter Harwinder Kaur.<\/p>\n
             Counsel for the complainant has argued that the trial Court<\/p>\n
gravely erred in not placing any reliance on the testimony of Balbir Kaur<\/p>\n
PW2 and Ranjit Singh PW3. It has been argued that Balbir Kaur has<\/p>\n
categorically deposed that her daughter Harwinder Kaur was killed by the<\/p>\n
accused because of the greed for more dowry. It has also been argued that<\/p>\n
although the complainant party wanted to get the post-mortem of the dead<\/p>\n
body done but they were dissuaded from doing so by the accused. Counsel<\/p>\n
for the complainant has also tried to explain the delay in lodging the<\/p>\n
complaint by arguing that numerous complaints were made to the police but<\/p>\n
no action was taken by them.\n<\/p>\n
             The arguments raised by the counsel for the complainant are<\/p>\n
without merit. The occurrence in this case is alleged to have taken place on<\/p>\n
28.7.1990 but the complaint was filed by the complainant on 19.12.1991 i.e.<\/p>\n
after a gap of more than 16 months. No cogent explanation has been given<\/p>\n
as to why the complainant has not reported the matter to the authorities for<\/p>\n
more than one year and four months. A perusal of Ex. DB dated 28.8.1990
\n Crl. Appeal No. 483- DBA of 2001                                 [ 8 ]<\/p>\n
shows that Balbir Kaur had not made any allegation against any of the<\/p>\n
accused while making her statement before the SHO, Police Station Sadar,<\/p>\n
Bathinda. Moreover, a perusal of her statement as PW2 also shows that she<\/p>\n
had bathed the dead body of her daughter Harwinder Kaur. Had there been<\/p>\n
marks of any injury or any other suspicion, the complainant would have<\/p>\n
definitely reported the matter to the police immediately. Even the story of<\/p>\n
the complainant that the complainant party was dissuaded from getting the<\/p>\n
post-mortem conducted at Bathinda is absolutely false as not only did the<\/p>\n
complainant accompany the deceased but there were 5-6 other persons also.<\/p>\n
The deceased Harwinder Kaur was cremated at Nathana i.e. village of the<\/p>\n
complainant in the presence of many persons after giving her a bath. There<\/p>\n
was no mark of any injury on the body of Harwinder Kaur when she was<\/p>\n
taken to the house of the complainant. If the complainant or any one of the<\/p>\n
village had suspected foul play then any body could have easily reported the<\/p>\n
matter to the police. Thus, on the basis of the evidence led, it is not possible<\/p>\n
for us to reverse the findings of acquittal recorded by the trial Court.<\/p>\n
             In view of the aforementioned discussion, we find no merit in<\/p>\n
this appeal filed by the complainant and, accordingly, we uphold the<\/p>\n
judgment dated 11.10.2000 passed by the Additional Sessions Judge,<\/p>\n
Bathinda, vide which the accused had been acquitted.<\/p>\n
\n\n\n\n                                            ( ASHUTOSH MOHUNTA )\n\n                                                        JUDGE\n\n\n27.7.2009                                      ( MOHINDER PAL )\nRupi                                                 JUDGE\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Balbir Kaur vs Resham Singh And Others on 27 July, 2009 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 […]<\/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-188567","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nBalbir Kaur vs Resham Singh And Others on 27 July, 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\/balbir-kaur-vs-resham-singh-and-others-on-27-july-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Balbir Kaur vs Resham Singh And Others on 27 July, 2009 - 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