KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KASHMIR Singh (60), his wife Smt. Surinder Kaur (55) and their son Devinder Singh (29) were tried for offences under section 302/34 and section 304-B of the Indian Penal Code for the murder of Smt. Balwinder Kaur (26), married less then three months before her death by poisoning. By judgement and order dated October 19,1988 the Sessions Judge, Hoshiarpur, convicted the aforesaid accused under section 302/34, Indian Penal Code, and sentenced them to life imprisonment and a fine of Rs. 4,000/- each. In default of payment of fine, they were further sentenced to RI for one year. It was directed that out of fine, if recovered, a sum of Rs. 10,000/- shall be paid to the mother/brother of the deceased.

(2.) SMT . Balvinder Kaur, deceased in this case, was married to Devinder Singh about two months before the occurrence. On July 11, 1987, at about 9.30 a.m. the informant Harbant Singh PW-3 brother of the deceased, learnt from Sampuran Singh that his sister Balvinder Kaur had died. He along with other members of the family went to the village Sharinhpur where Balwinder Kaur ws married and found her lying dead on a cot and froth coming out of her mouth. Navinder Singh PW-4, who was intermediary in the marriage and belonged to the aforesaid village Sharinhpur was also present. He told Harbant Singh that on the previous day he had gone to the house of Balwinder Kaur at about 7 a.m. in order to invite her and her husband for dinner. Besides Balwinder Kaur, her mother-in-law Surinder Kaur, father-in-law Kashmir Singh and Husband Devinder Singh were where present. All the three persons i.e. the in-laws and the husband taunting Balwinder Kaur that she had brought inadequate dowry and that she should bring Rs. 20,000/- from her parents especially as their wheat crop had been damaged. Seven/eight days prior to the aforesaid incident, Balwinder Kaur had come to her parental village and had complained about a similar demand made by her in-laws and the husband. At that time her brother Harbant Singh gave her some advice and sent her away to her in-law's house. The informant suspected that the parents in-law and husband of his sister had murdered her by administering poison in order to extract more dowry. The aforesaid statement was reduced to writing by ASI Surinder Singh at 3 p.m. It was forwarded to the Police Station Dasuya where formal first information report was entered at 3.15 p.m. Copy of the special report was received by the Judicial Magistrate at his residence at 5.45 p.m. the same day.

(3.) AFTER investigation, the police presented a challan against the said three accused. The charge was framed under sections 302/34 as well as section 304-B of the Indian Penal Code.