SUDHIR KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution story is as under:

(2.) The prosecution in support of its case relied on the evidence of PW.1 Dr. S.S. Malik who had performed the post-mortem on the dead body, the three primary witnesses PW.2-Ramji Das, PW.3-Tej Ram and PW.4-Sat Paul, also an uncle of the deceased, in addition to the formal evidence of Santokh Singh the I.O. The statements of the accused were thereafter recorded under Section 313 of the Cr.P.C. and they denied the allegations simplicitor. Sudhir Kumar, however, took up additional plea:

(3.) They also produced some evidence in defence. The trial Court on an appreciation of the evidence convicted the appellant and Kaushalya Devi, his mother under Section 304B of the IPC and sentenced them to R.I. of seven years. Angoori Lal, Urmila and Neelam were, however, acquitted. An appeal was thereafter taken to the High Court, which, in its judgment dated 7th April, 2003, which has been impugned in the present proceedings, allowed the appeal of Kaushalya Devi as well. This appeal by way of special leave is, therefore, confined only to Sudhir Kumar, the husband of the deceased.