Back
2007 Supreme(P&H) 2076
2008(2) LAW HERALD (P&H) 1191
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Harbans Lal
Criminal Appeal No.732 of 1996
Sat Pal
v.
State of Punjab
{Decided on 28/11/2007}
For the Appellants:Mr. Bipan Ghai, Advocate.
For the Respondent-State:Mr. A.S. Brar, Deputy Advocate General, Punjab.
Headnote:Criminal Law--Abetment of suicide--Acquittal--Allegation of giving some poisonous substance to the deceased by the accused--Cause of death was due to aluminium phosphide--Appeal allowed on the following grounds:-
(i) The case was registered after 5 months.
(ii) There is nothing on the record to show that any incidence occurred in the house soon before the death or a few days prior thereto.
(iii) The deceased had two sons who are admittedly living with accused.
(iv) The prosecution evidence falls short of demonstrating cruelty of such a nature as was likely to drive to commit suicide.
(v) If the deceased was subjected to cruelty of such a nature as would have goaded her to commit suicide, her dying declaration could have been got recorded.
(vi) The marriage between the deceased and accused was solemnized more than 7 years before the occurrence and consequently the provisions of Section 113-A of the Evidence Act are not applicable.
(vii) PW-3, who acted as a go-between in the marriage, for 3 years after the marriage, they (referring to the deceased and the accused) lived happily.
(viii) These circumstances, when put together, go a long way in proving that the prosecution has not been able to prove its case beyond a shadow of reasonable doubt--Penal Code, 1860, Section 306--Evidence Act, 1872, Section 113-A. (Para 22)
Harbans Lal, J.:- This appeal is directed against the judgment/order of sentence dated 31.10.1996 passed by the Court of learned Additional Sessions Judge, Sangrur whereby he sentenced the accused/appellants Sat Pal, Baljit Kaur and Charanjit to undergo rigorous imprisonment for 7 years each and to pay a fine of Rs.3000/- each, or in its default, to further undergo rigorous imprisonment for one year under Section 306 of IPC.
2. Shortly put the facts of the prosecution case, are that Jagdev Singh son of Krishan Chand resident of Village Bahadurpur, made a complaint containing the allegations that they are four brothers and they had one sister, namely, Jaspal Kaur (deceased), who was married to Charanjit, accused about 7 years back. Satpal accused is the father and Baljit Kaur accused is the mother of Charanjit accused. The marriage of Jaspal Kaur was solemnized with Charanjit accused on 21.11.1983. Gurdial Singh acted as a go-between in arranging this marriage. The parents of Jaspal Kaur gave dowry according to their capacity in the marriage. The accused raised the demand of more dowry. They used to treat her with cruelty. Her father was unable to meet their demand. The accused turned her out from their house after giving beatings to her. She went to her parental house. The accused Sat Pal, accompanied by Gurdial Singh mediator, approached Krishan Chand and gave assurance that maltreatment will not be meted out to her. It is on that assurance that he sent his daughter with them. Again she was given beatings and expelled from her matrimonial home by the accused. She was again sent to her father’s house. Satpal, accused in the company of Gurdial Singh, again came to Krishan Chand and on being given guarantee by them in the presence of Sarpanch Chand Singh, Tara Singh, she was again sent to her in laws house. After about 15/20 days, Jagdev Singh went to Jaspal Kaur’s house to inquire about her health where he was told by her that she has been administered poison by the accused. Dr. Satish Bansal of Sangrur was called in the house of accused. After checking her by this doctor, it was found that she was suffering from dysentery and vomiting, and he gave one ampicillin injection and dextrose glucose and after some time when again he was called) the condition of Jaspal Kaur was not improving and the said, Doctor advised to take her to the hospital. On receipt of this information, Krishan Chand, along with other respectables, reached the house of the accused and found Jaspal Kaur lying dead. The matter was reported to the Police. Dr. S.R. Goel conducted the post-mortem on her dead body on 15.9.1991. On receipt of Chemical Examiner’s Report, this Doctor gave the opinion that the cause of death was due to aluminium phosphide. Jagdev Singh expressed doubt that his sister has been given some poisonous substance by her husband Charanjit, father-in-law Sat Pal and mother-in-law Baljit Kaur.
3. After completion of investigation, the charge sheet was laid in the Court of the Committing Court. On commitment, the accused were charged under Section 306 of I.P.C to which they did not plead guilty and claimed trial.
4. In order to substantiate its allegations, prosecution has examined Jagdev Singh-complainant, PW-l, his father Krishan Chand, PW 2, Gurdia1 Singh, PW-3, Inspector Joginder Pal, PW-4, Dr. S.R.Goel, PW-5, Dharminder Singh Draftsman, PW -6, SI Kewal Krishan, PW -7, Dr. Satish Bansal, PW-8, HC Bhim Sen, PW-9 and closed its evidence by tendering the affidavits, Exh. PL of Constable Mohinder Singh and Exh.PM of Constable Surjit Singh.
5. On close of the prosecution evidence, when examined under Section 313 of Criminal Procedure Code, Charanjit accused, husband of the deceased stated as under:
“My marriage had taken place on 21.11.1983 at village Bahadurpur. After that two sons were born out of our wed lock. One son was born on 3.8.1985 at village Bahadurpur and other son was born on 12.5.1990. I and my parents did not demand any dow
