SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, alongwith his mother Kuldip Kaur, was arraigned as accused in FIR No. 259 dated 9.8.1992 under Sections 304-B/498-A IPC registered at Police Station Sadar, Ludhiana. Both of them were charge sheeted for the aforementioned offences, to which they pleaded not guilty and claimed trial. During trial, Kuldip Kaur accused expired and, accordingly, proceedings against her came to an end. The appellant was convicted by Additional Sessions Judge, Ludhiana under Section 304-B IPC and sentenced to undergo rigorous imprisonment for a period of seven years. As the offence under Section 498-A IPC was covered under Section 304-B IPC, no separate finding was recorded for the said offence.

(2.) Aggrieved of his conviction and sentence, the appellant filed the present appeal in which he was granted interim bail on 9.2.1998 which bail was, thereafter, confirmed on 11.3.1998.

(3.) According to the prosecution, the appellant married Pinder Kaur @ Harpreet Kaur, daughter of Gajjan Singh, in February, 1989. They were blessed with a male child after about one year of the marriage. According to complainant Gajjan Singh, after 3/4 months of the marriage, the appellant started ill-treating his daughter for having brought inadequate dowry. He wanted her to bring more dowry and a scooter from her parents. On that account she was given beatings by the appellant on a number of occasions and she was sent to her parents for bringing money for the purchase of a scooter. However, on account of poverty, the complainant could not provide scooter to his daughter. On or about 25.7.1992 said Pinder Kaur was last sent by the appellant to her parents' house after giving her beatings. She stayed with her parents for 5/10 days. Thereafter, the complainant alongwith his brother-in-law Darshan Singh took her to her in-laws' village and left her there. Even at that time the appellant taunted the deceased that she had no self respect as she had brought her father to his house. The complainant requested the appellant not to harass his daughter as the parents of a girl were always at a lower level. On 9.8.1992 in the morning, Mahan Singh, co-villager of the appellant, came to the house of the complainant in village Gumti, District Bathinda and informed him that during the preceding night Pinder Kaur had taken some poisonous substance and died. The complainant, alongwith his brother-in-law Darshan Singh, went to the house of the appellant and found Pinder Kaur lying dead. Froth was coming out from her mouth. The complainant then made a statement before ASI Darshan Ram of Police Station Sadar, Ludhiana on 9.8.1992 at about 6.30 p.m. On the basis of aforementioned statement, FIR was registered.