SAHIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dated 4/11/2000 passed by the learned Sessions Judge, Sangrur, whereby the accused/appellants have been convicted for the offence 498-A and 304-B of IPC and sentenced them to undergo RI for a period of seven years under Section 304-B IPC only.

(2.) Brief facts of the case are that on 5.7.1998 Jit Singh son of Kartar Singh, herein 'complainant' got recorded his statement to the effect that he had four daughters. Jaswinder Kaur, herein deceased' was married to accused Sahib Singh, herein appellant No. 1, about five months prior to the incident, on 18.2.1998. Few days after the marriage, appellant No. 1 Sahib Singh, Anup Singh, herein appellant No. 2, (father-in-law of deceased) Baljit Kaur, herein appellant No. 3 (mother-in-law of deceased) and Raj Kaur, (sister-in-law) since acquitted, started maltreating her daughter for bringing inadequate dowry. The accused/appellants had been demanding high power motorcycle and colour television from the deceased and the complainant. The complainant further mentioned in his statement that he is a poor man and gave dowry according to his financial means. About 20 days prior to the occurrence, he visited village Ratta Khera to bring his daughter Jaswinder Kaur, the deceased, and stayed there during night, when his daughter told him that her sister-in-law Raj Kaur, mother-in-law Balbir Kaur, father-in-law Anup Singh and husband Sahib Singh used to harass her and would insist to bring more dowry. The complainant noticed that attitude of the in-laws of his daughter was not good. He gave assurance to his daughter and came to his village. Since, he was having apprehension that in-laws of his daughter may not give beating to his daughter, therefore, on 4.7.1998, he alongwith Sukhwinder Singh, came to the matrimonial house of deceased. After taking meal, they slept in the courtyard of the house and at about 12' o clock (in night), they woke on hearing raula of his daughter and they saw that the accused Raj Kaur, Balbir Kaur and Anup Singh had caught hold of his daughter Jaswinder Kaur, whereas Sahib Singh was strangulating her and accused Anup Singh was saying that both of them have come empty handed. They have not brought neither motorcycle nor colour television. The complainant and Sukhwinder Singh raised raula upon which, the accused threatened them to kill and stated that they killed Jaswinder Kaur and now it was their turn. Out of fear, both of them ran away from the spot and reached their village Mauliviwala, where they narrated the incident to the relatives and panchayat. The complainant alongwith his son Sukhdev Singh and Sarpanch Nawab Singh came to Police Station Lehra and got recorded his statement.

(3.) On the basis of above statement, Exhibit PF, FIR was registered. SI Sardara Singh reached the spot and prepared inquest on the body of Jaswinder Kaur. He inspected the spot and prepared the rough site plan. On 6.7.1998, the accused were arrested.