SIKANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgement dated 04.08.2008 passed by the learned Additional Sessions Judge, Ludhiana, holding guilty and convicting the appellant under Sections 304 B and 498-A of the Indian Penal Code.

(2.) THE facts as recorded by the Additional Sessions Judge, Ludhiana on the basis of the prosecution story are that Sukhdev Singh suffered statement before SI-Arvind Puri alleging that Balbir Kaur daughter of his elder brother -Ram Dass was married about 6-7 months back with Sikander Singh son of Jang Singh, Ramdasia, resident of Rajewal. At the time of marriage sufficient dowry articles according to their capacity were given. However, after two months of the marriage, her father-in-law Jang Singh, mother-in-law Gurdev Kaur, younger brother of her husband Talwinder Singh started harassing her on account of bringing less dowry. Whenever she came to visit village Narike, she had been alleging that in laws were harassing her. About two months back when Balbir Kaur had come to see her parents, she had stated that she will not go back to her in-laws house. THEn they had a talk with Ravinder Singh mediator. He gave assurance that he will take responsibility of in-laws of Balbir Kaur. THEy should sent her to her in- laws house. Accordingly, she was sent to her in-laws house. THEn, a telephone call was received from Balbir Kaur at the house of Lal Singh some days prior to the occurrence in which she told Sukhdev Singh that she is being harassed, they should come to see her. Accordingly, in the morning of 16.02.1999, he went to village Rajewal where he saw that her niece Balbir Kaur was lying on the cot in a critical condition. She was murmuring that in the morning her husband Sikander Singh, father-inlaw Jang Singh, mother-in-law Gurdev Kaur and younger brother of her husband Talwinder Singh abused her. She told that she had a pain in her abdomen from the previous day. THEn, they all brought some thing in a glass and stated that she should take it as a medicine for the abdomen pain. Accordingly, she took it but after that she became unconscious. In the meantime, Jang Singh brought a Maruti Van and they took her away in Maruti Van to hospital. When he insisted to accompany them, Sikander told that he need not go with them and should stay at the house.

(3.) THE present appellant has been held guilty and convicted under Section 304 B and 498-A of the Indian Penal Code, whereas, accused Jang Singh, Gurdev Kaur and Talwinder Singh were acquitted of the charge framed against them.