DHAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants challenge the order of conviction and sentence passed against them by the Additional Sessions Judge, Patiala which was confirmed by the High Court of Punjab and Haryana. The first appellant was convicted under Sections 304-B and 201 IPC and was sentenced to rigorous imprisonment for a period of ten years and rigorous imprisonment for a period of two years respectively. The second appellant was found guilty under Section 201 IPC and was sentenced to rigorous imprisonment for a period of two years.

(2.) The incident happened on 13-10-1988. Shinder Kaur the daughter of PW-2 was married to the first appellant Dhian Singh about two and a half years prior to her death. After the marriage Shinder Kaur stayed with her husband for about one year. It was alleged that the first appellant, the husband, wanted more dowry and started harassing her so she left her matrimonial home and started staying with her parents. Then at the intervention of the local panchayatdars a settlement was effected and about two months prior to her death, she left her parents' house and again started staying with the appellant Dhian Singh. On 22.10. 1988, PW-2 came to know that his daughter Shinder Kaur was burnt to death. He immediately went to the police station and gave information to the police. The police registered a case and started investigation and during investigation it was revealed that the accused had disposed off the dead body on 13.10. 1988 itself by cremating the body.

(3.) On the side of the prosecution PW-1 to PW-8 were examined and on the defence side DW-1 Tara Singh was examined. The Sessions court held that the deceased Shinder Kaur died of burn injuries and the first appellant dhian Singh was responsible for cruelty on account of demand for dowry and thus committed the offence under Section 304-B I. P. C. The first appellant was also held responsible for committing the offence under Section 201 ipc.