HARVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Harvinder Singh has assailed his conviction and sentence recorded by the Additional Sessions Judge, Ambala vide his impugned judgment dated March 28, 2002 and order of sentence dated March 30, 2002 in the instant appeal.

(2.) The appellant Harvinder Singh was married with Jaswinder Kaur on 22nd October, 2000. On 21st May, 2001 at about 7.00 a.m., Jaswinder Kaur was found dead in the circumstances other than normal in her matrimonial home. For this act, the appellant was named as an accused in case FIR No. 65 dated 21.05.2001 registered at Police Station Barara, District Ambala under Sections 302 and 304-B IPC. The appellant was charged and tried for the offence punishable under Section 302 IPC and in alternate under Sections 304-B and 498-A IPC. Vide a separate order, on March 30, 2002, the appellant was sentenced under Section 304-B IPC to undergo rigorous imprisonment for a period of nine years and under Section 498-A IPC to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for three months. Both the sentences were ordered to run concurrently.

(3.) Brief facts of the case can be gathered from the statement Ex.PA made by Amar Singh, father of the deceased Jaswinder Kaur, to SI Darshanpal Singh PW-10. Amar Singh stated that he was a resident of village Jaula Khurd, Police Station Lalru, District Patiala and was an agriculturist. He was father of three daughters and one son. The eldest daughter Jaswinder Kaur was married with Harvinder Singh son of Gurdeep Singh, resident of village Khanpur Dubli on 22nd October, 2000 according to customary rites. After a few days of marriage, Harvinder Singh started beating his wife and demanding a motorcycle in dowry. This fact was disclosed by the deceased Jaswinder Kaur to the complainant, who convened a private Panchayat on 2/3 occasions and expressed his helplessness to give the motorcycle. Harvinder Singh assured the Panchayat that in future he will not commit such a mistake. But after a few days, he again started beating his wife and demanded a motorcycle. The complainant consoled his daughter and assured that by passage of time, everything would be all right. 3/4 days before the date of occurrence, i.e. 21st May, 2001, the daughter of the complainant had informed him that her husband had given her beatings, repeated the demand of dowry and had also given a threat that in case his demand is not fulfilled, he would liquidate her. As Harvinder Singh was engaged in practice of medicine, the complainant had an apprehension that he might administer some poisonous substance to his daughter.