BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Out of the four accused Kewal Singh, Mohinder Kaur, Gurbachan Singh were acquitted whereas Balkar Singh was convicted under Section 304-B IPC for causing dowry death and was sentenced to undergo rigorous imprisonment for a period of eight years vide judgment dated 17.08.1999, passed by Sessions Judge, Hoshiarpur.

(2.) The case has been registered on the statement of Taqdir Singh son of Karnail Singh resident of village Bhaura Distt. Nawanshehar wherein he disclosed that his sister Daljit Kaur was married to Balkar Singh about two years piror to the death. Immediately after the marriage, Balkar Singh (her husband), Kewal Singh (husband's brother), Gurbachan Singh (father- in-law) and Mohinder Kaur (mother-in-law) started maltreating her on account of bringing inadequate dowry. On coming to know about the plight of his sister, Taqdir Singh complainant (herein referred as 'the complaiannt') alongwith Sukhdev Singh and Lashkar Singh went to Baldev Singh, mediator of the marriage and after taking him, went to the house of the accused and pleaded for not maltreating and misbehaving the deceased but the behaviour of the accused was very rude. They levelled various type of allegations and stated that unlike the other people, the complainant had given nothing in the marriage. They demanded Rs.1,00,000/- from the complainant for sending Balkar Singh abroad. Complainant came back to his house. However, Daljit Kaur (deceased) visited them after a few days and disclosed her woeful story and compelled the complainant and other family members to pay something if they wanted to see her happy. Sometimes thereafter, the complainant alongwith Daljit Kaur and Sukhdev Singh visited the house of her in-laws and paid a sum of Rs.20,000/- and further recorded his inability to make the arrangements for more money. The accused had also demanded a buffalo two months prior to the occurrence which demand also could not be met with. On 05.01.1998 the complainant came to know that accused had pressed her neck and murdered her (Daljit Kaur) as they could not satisfy their demand of dowry. The accused after killing her had projected that she had committed suicide, consequently, the complainant lodged the FIR, as a result of which investigation was set in motion.

(3.) The Station House Officer conducted the inquest; prepared the site plan of the place of occurrence and took into possession a rope and a ceiling fan vide recovery memo Ex.PF which was attested by PWs. He recorded the statements of witnesses and arrested the accused. The completion of investigation was followed by a report under Section 173 Cr.P.C. against Balkar Singh alone. Lateron, on the application under Section 193 Cr.P.C., vide order dated 02.04.1998, the acquitted accused were also summoned by the Court.