Failure to prove murder charges led to conviction for abetment of suicide due to mental torture by accused, highlighting the significance of conduct.

JUDGMENT :

Jasjit Singh Bedi, J.

This order shall dispose of the above noted two cases i.e. CRA-S-1569-SB-2011 titled as 'Raghbir Singh alias Keera and anr. Versus State of Punjab' and CRM-A-644-2011 titled as 'Veer Pal Kaur versus State of Punjab and ors.' as the same arise out of a common FIR.

2. Criminal appeal No.1569-SB-2011 has been filed by the accused-appellants against their conviction and sentence vide judgment and order dated 16.05.2011 passed by the learned Sessions Judge, Sri Muktsar Sahib, whereas CRM-A-644-2011 has been filed by complainant-Veer Pal Kaur, seeking enhancement of the conviction and sentence of the appellant from 306 IPC to Section 302 .

3. However, for the facility of reference, the facts are taken from

CRA-S-1569-SB-2011.

4. The instant FIR came to be registered on 28.10.2009. The accused-appellants came to be convicted vide judgment of conviction and order of sentence dated 16.05.2011. The present appeal against the aforesaid conviction and order of sentence is dated 31.05.2011. The matter has come up for final hearing now after more than 15 years of the registration of the FIR.

5. Accused-appellant No.1/Raghbir Singh @ Keera has passed away on 21.08.2018 and vide order dated 03.12.2024 passed by this Court, the appeal qua the said appellant stands abated.

6. The brief facts of the case of the prosecution are that on 28.10.2009, the police party headed by ASI Balkar Singh of Police Station Bariwala, comprising HC Sarwan Singh No. 656 and other police officials were proceeding towards Sarainaga, Harike Kalan Surewala etc. from Bariwala in connection with patrol duty. When the police party reached the grain market of village Harike Kalan, one Veerpal Kaur wife of Surjit Singh accompanied by Gurpinder Singh son of Jangir Singh resident of Kingra and Shivraj Singh son of Jaswant Singh resident of village Kingra came there and met the police party. Veerpal Kaur made her statement before ASI Balkar Singh to the effect that she was married to Surjit Singh son of Darshan Singh at village Surewala since 1989. She had four sisters and one brother. Three of her sisters were married at village Surewala. Gurmit Kaur was her younger sister and was married to Raghbir Singh alias Keera (accused-appellant No.1) son of Banta Singh for the last fifteen years. She had a one son Manpreet Singh in the age group of 12 years. Raghbir Singh alias Keera developed illicit relations with Mandeep Kaur (accused-appellant No.2) wife of Bikkar Singh resident of village Aulakh, for last three years. Gurmit Kaur stopped Raghbir Singh from indulging in illicit relations with Mandeep Kaur (accused-appellant No.2). Raghbir Singh used to beat up Gurmit Kaur on many occasions and persisted in this illicit relationship with Mandeep Kaur. On 25.10.2009, Raghbir alias Keera and his wife Gurmit Kaur went to village Jhorar to attend a marriage function. On 27.10.2009, Gurmit Kaur was returning from the above referred marriage function. Gurmit Kaur told her (complainant Veerpal Kaur) that Raghbir Singh took Mandeep Kaur his paramour with him from village Sarainaga in his car for attending the marriage function. Raghbir Singh alias Keera continued beating up Gurmit Kaur, his wife since that night. When she (Veerpal Kaur-complainant) went to the house of her sister Gurmit Kaur on receipt of a telephonic message, Raghbir Singh was beating up Gurmit Kaur outside the residential rooms of the house. Raghbir Singh put the vial of Spray by pouring it in the mouth of Gurmit Kaur in her (complainant's) presence and thereafter, fled away along with the vial of poisonous spray. I