ARUN GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals are directed against the impugned judgment and order dated 30.05.2003 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 161-SB of 2001. The High Court dismissed the said appeal of the appellant and confirmed the sentence of ten years rigorous imprisonment awarded by the Sessions Judge, Ludhiana but enhanced the fine from Rs.2000/- to Rs.2,00,000/- in Criminal Revision No. 1251 of 2001 filed by the complainant against the appellant.

(2.) Briefly stated, the case of the prosecution is as follows:

(3.) On 28.03.1999, at about 6.00 p.m., the respondent received information that her daughter Seema had been administered some poisonous substance by her husband and in-laws and sister-in-law Neena and that she had been admitted in the Dayanand Medical College, Ludhiana. The respondent accompanied by his wife immediately rushed to the hospital and found that Seema was unconscious and her condition was found to be serious. The respondent thereafter went to the police station and lodged an FIR on the same day which was registered as FIR No. 139 of 1999 under Section 307 read with Section 34 of the Indian Penal Code, against Arun Garg, his father, Sham Lal Garg, mother Shimla Garg and sister Neena. On the same day, i.e., 28.03.1999, police made an application for recording the statement of Seema, which was declined as she was declared medically unfit to make the statement. Police again made an application for recording the statement of Seema on 29.03.1999 which was also declined as Seema was not medically fit to make the statement. Unfortunately, Seema died in the hospital on 30.03.1999.