DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Malkiat Kaur, aged about 24 years, who had just entered the threshold matrimonial era was allegedly forced to commit suicide within seven months of her marriage by consuming 'organo phosphorus' a group of insecticides. Consequently, the accused - appellants (herein referred as 'the accused') were tried, convicted and ultimately sentenced to undergo rigorous imprisonment for eight years, each, under Section 304-B of the Indian Penal Code 1860.

(2.) Saun Singh, a resident of village Moosa had three daughters and a son. He had married his second daughter Malkiat Kaur to the accused Darshan Singh, seven months prior to the occurrence. Accused Karnail Singh is the father-in- law and accused Bhuro Kaur alias Amar Kaur is the mother-in-law of Malkiat Kaur. A sum of Rs. 60,000/- in cash, besides other golden ornaments weighing about 10 Tolas, clothes and utensils were given to the accused at the time of marriage by the complainant and he spent about Rs. 1,60,000/- on the marriage. However, the accused were not satisfied with the articles of dowry. After about six months of the marriage when the deceased came to her parental house, she disclosed that all the three accused were harassing and maltreating her, and compelling her to bring a TV and fridge from her parents, and she was being treated in such a manner almost daily. However, 23/24 days after she stayed at her parental house, the accused Darshan Singh again took her back. On 23.10.1992 when the complainant along with his brother Jarnail Singh had gone to village Sheikhpura to enquire about the well-being of their daughter, on reaching there at 11.00 AM, they witnessed that Malkiat Kaur was lying in the courtyard and was crying. On being asked, she told that she had been administered some poisonous substance on her failure to bring TV and fridge. On this, the complainant and his brother rushed her to Civil Hospital, Talwandi Sabo, but she expired while she was just at the gate of the Civil Hospital.

(3.) The occurrence is stated to have taken place on 23.10.1992 at 11.00 AM. The case was registered against the accused on the same day at 2.30 PM on the basis of the statement of Saun Singh recorded at 2.00 PM, vide First Information Report (Ex. PA/2). Sub-Inspector Amarjit Singh reached the spot, conducted the inquest report and got an autopsy (Ex.PH) performed by Dr. Ramesh Kumar (PW7) and Dr. S.K. Gupta on the dead body of Malkiat Kaur. On receipt of the report of the Chemical Examiner (Ex. PJ), the doctor opined vide report Ex.PK that cause of death in this case was 'organo phosphorus poisoning. The Investigating Officer also recorded the statements of the witnesses and on completion of the investigation, challan against the accused was presented.