JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appeal after granting special leave to appeal is filed by the appellant against the judgment of the High court of Punjab and Haryana affirming the judgment of the trial Court convicting the appellant under Section 304-B IPC but reducing the sentence from 8 years rigorous imprisonment to a period of 7 years under the aforesaid section. The appellant who was tried along with his parents and two brothers was acquitted of the charge under Section 406 of the Indian Penal Code by the trial Court. In view of his conviction under Section 304-B IPC, the trial Court did not find it necessary to record a separate conviction under Section 498-A IPC.

(2.) We heard Dr. J.P. Dhanda, learned counsel for the appellant and Ms. Jaspreet Gogia, learned counsel for the respondent-State.

(3.) There is no dispute that the marriage between the appellant and his deceased wife took place on 24th January, 1998. It is also not in the region of controversy that she died well within seven years of her marriage. It is undisputed that the death of the appellant's wife was unnatural and she died along with her child by way of drowning in a river. In fact, PW8 - ASI in his deposition stated that both the dead bodies were secured together with one chunni. The only question is whether the death is to be attributed to cruelty/harassment on the part of the appellant arising out of demand for dowry as contemplated under Section 304-B of the IPC.