LAWS(SC)-2014-11-33

BALJINDER KAUR Vs. STATE OF PUNJAB

Decided On November 19, 2014
BALJINDER KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This appeal arises out of judgment dated 11.08.2010 passed by Punjab and Haryana High Court in Criminal Appeal No.703-SB of 1999, in and by which, the High Court confirmed the conviction of the appellants under Section 304B IPC and sentence of seven years rigorous imprisonment imposed on the appellant- Baljinder Kaur (sister-in-law) and second accused-Pritam Singh (husband) while acquitting father-in-law and mother-in-law.

(2.) Briefly stated case of the prosecution is as follows: Marriage of Sharanjit Kaur (deceased) was solemnized with second accused-Pritam Singh in the month of January 1997. Although PW-4 - Joginder Singh (father of the deceased) gave sufficient dowry at the time of his daughter's marriage, after two months of her marriage, the deceased told her father and Harbans Singh-the mediator of marriage that the second accused-Pritam Singh and his family members were demanding dowry and harassing her. About two months after the marriage, the appellant-Baljinder Kaur (sister-in-law) demanded for a gold karra as dowry. PW-4, the father of the deceased could not meet the demand of dowry, so he brought his daughter back to his house.

(3.) PW-4 set the law in motion by lodging complaint on the next day i.e. 26.08.1997 at 11.00 A.M. with sub-inspector of police (PW-8) at Raikot. On the basis of the complaint, FIR No. 86 was registered on 26.08.1997 under Section 304B IPC. Board of Doctors consisting of PW-1-Dr. Varinder Singh, Medical Officer and two other doctors conducted autopsy on the body of deceased-Sharanjit Kaur, and opined that the cause of death of the deceased was poisoning. On completion of the investigation, charge sheet was filed against first accused-Sohan Singh (father-in-law), accused No.2 - Pritam Singh (Husband), accused No.3-Surjit Kaur (mother-in-law) and accused No.4-Baljinder Kaur (sister-in-law) under Section 304B IPC.