BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 23.8.2001 and order of sentence dated 24.8.2001 (for short is Impugned judgment) passed by the learned Additional Sessions Judge, Ferozepur, (for short trial Court), whereby the accused/Appellants were convicted for the offence under Section 304-B of IPC and sentenced to undergo rigorous imprisonment for a period of 10 years each.

(2.) Brief facts of the prosecution case are that on 24.7.1997, ASI Raj Singh, Incharge Police Post, Arniwala alongwith other police officials, was present at the Bus Stand of Village Mahuana Bodla. The complainant Gurdial Singh met the police party and made a statement to ASI Raj Singh to the effect that he married his daughter Seema to Baljit Singh son of Gura Singh. He gave dowry as per his capacity. The accused Baljit Singh (husband), Gura Singh (father-in-law), Jagga Singh (brother-in-law) and Palo Bai (mother-in-law) had been harassing and beating her daughter Seema for bringing less money. The complainant further stated that his daughter complained regarding her maltreatment to him many a times. He also brought this matter to the notice of Tek Chand, Sarpanch of Islamwalia. On the advice of Sarpanch, his daughter came back to her in-laws' house. However, his daughter was again turned out of the matrimonial home about 1 = months prior to the occurrence, after giving severe beatings on account of bringing less dowry. But on the intervention of the Panchayat, her daughter was again rehabilitated in her in-laws' house. The complainant further stated that on 23.7.1997 at 4.00 p.m., Gura Singh, father-in-law of his daughter, informed Tek Singh, Sarpanch, that Seema had consumed some insecticide. On receiving the said information, the complainant alongwith his son Kirpal Singh and Sarpanch Tek Singh went there and found his daughter Seema was lying unconscious on a cot and none of the family members of accused was present in the house. The complainant alongwith other persons took her daughter to Fazilka for treatment. But on reaching Fazilka, his daughter died. The complainant further stated that he had a suspicion that the accused, Baljit Singh, Gura Singh, Jagga Singh and Palo Bai, forcibly administered some poisonous medicine to his daughter.

(3.) On the basis of statement of complainant, formal FIR, Exhibit P 12, was registered. During investigation, the accused were arrested on 29/30.7.1997.