KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 23.8.2002 (for short as 'impugned judgment') passed by the learned Court of Additional Sessions Judge, Amritsar, (for short as 'trial Court') whereby the accused/Appellant has been convicted for the offence punishable under Sections 306 and 498A of IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2,000/- for the offence under Section 306 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months and for the offence under Section 498A IPC, to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 15 days. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the prosecution are that on 2.6.1999, ASI Balbir Singh along with other police officials was present in the area of Grain Market Gate Khadoor Sahib, where Bachan Singh, P.W. 4 got recorded his statement before him to the effect that he is the resident of Village Sathiala and is serving as Safai Sewak in Nagar Panchayat, Rayya. He has three brothers and four sisters. The complainant is the eldest one. One of his sisters named Jaswant Kaur was married to Sukhwinder Singh and his younger sister Paramjit Kaur was married to Appellant Kuldeep Singh about 8/9 years back. Accused Kuldeep Singh are five brothers and residing separately. He further stated that accused Kuldeep Singh was not in speaking terms with his sister Paramjit Kaur from the very beginning of the marriage and accused Kuldeep Singh used to beat her on account of bringing insufficient dowry articles. The efforts to get the matter compromised also failed. On 25.7.1998, a dispute between them arose and a written compromise was arrived at between them before the Panchayat. It was stated by the complainant that accused Kuldeep Singh used to say Paramjit Kaur that she failed to bring cash or other dowry articles from her parents and in case she is not in a position to arrange money from her parents, she should die. He further stated that on the intervening night of 1/2.6.1999, brother of Sukhwinder Singh intimated about the death of Paramjit Kaur.

(3.) On the basis of statement of Bachan Singh, P.W. 2, FIR was registered against the present Appellant with other accused Mindi, Sohna and Mallu. Compromise entered before the Panchayat was taken into police possession. Inquest report was prepared and dead body was sent for postmortem examination.