Kamaljit Singh and Others vs State of Punjab

T.P.S. Mann, J.—This appeal is directed against the judgment and order dated 27.11.1999 passed by Additional Sessions Judge, Faridkot, whereby the Appellants were convicted u/s 306 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/-each and in default of payment of fine, to undergo further rigorous imprisonment for six months.

According to the prosecution, Gurmit Kaur, since deceased was married to Kamaljit Singh about five years before the date of occurrence. From this wedlock, two daughters were born. According to complainant Major Singh, his sister Gurmit Kaur used to be harassed by the Appellants on account of giving birth to daughters. This led her to end her life by consuming some poisonous substance. On the basis of a statement made by complainant Major Singh, FIR No. 56 dated 11.11.1997 u/s 306 IPC was registered at Police Station, Sadiq against the Appellants.

Learned Counsel for the Appellants has not challenged the judgment of conviction. However, he has submitted that Sukhdeep Kaur and Kuldeep Kaur, two daughters of Gurmit Kaur born from the loins of Kamaljit Singh, who had been living with the Appellants ever since the death of their mother, have since grown older and are close to attaining the marriageable age. Complainant Major Singh has also expressed his wish of setting aside the remaining sentences of imprisonment of the Appellants on the ground that in case the Appellants go behind the bars, there would be no one to look after his two nieces.

Learned Counsel for the complainant has confirmed the factum of compromise arrived at between the parties and in this regard has brought the attention of the Court to affidavit dated 6.10.2010 sworn in by complainant Major Singh.

Complainant Major Singh is also present in person. His separate statement has been recorded wherein he has, once again, reiterated the factum of compromise. He has stated that he would have no objection if the benefit of compromise is extended to the Appellants.

It may be mentioned here that complainant Major Singh has sought permission of the Court to place on record his affidavit dated 6.10.2010 by filing Criminal Misc. 56702 of 2010, which application has been allowed by an order of even date.

The Appellants have been facing the agony of criminal prosecution for the last more than 13 years. The two daughters of deceased Gurmit Kaur, who had been living with the Appellants ever since the death of their mother, have since grown older. On 17.11.2010, both of them were present in person in the Court and apprised the Court that they had been living in village Sher Singh Wala ever since their birth and studied in the village school.

Learned State counsel has submitted that the Appellants do not deserve any concession in the matter of sentence as it was on account of their act of criticizing Gurmit Kaur of giving births to daughters that she was left with no other option but to take her life by consuming some poisonous substance. However, learned State counsel has produced the custody certificates which show that Kamaljit Singh Appellant has undergone a period of 4 months and 12 days, whereas in the case of Gurcharan Singh and Sukhdev Kaur the period is 3 months and 23 days.

Taking into consideration the totality of the circumstances, especially the future of two daughters left behind by the deceased, I am of the view that no useful purpose would be served by sending the Appellants behind the bars, once again, for undergoing their remaining sentences of imprisonment. Ends of justice would be amply met if the substantive sentences of the Appellants are reduced to that already undergone by them.

Resultantly, conviction of the Appellants for the offence u/s 306 IPC is maintained. Their substantive sentences of imprisonment are reduced to that already undergone by them. The sentences of fine, alongwith their default clauses, are maintained.

The appeal is, accordingly, disposed of.