GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case, in brief is that Smt. Rajinder Kaur daughter of Satnam Singh son of Jaimal Singh of village Giddaranwali, District Sirsa was married to Gurdeep Singh son of Jit Singh of Giddarbaha (Punjab) on 14.10.1989 with great pomp and show. On her marriage, lot of money was spent. Her family spent on her marriage money even beyond their means. After marriage, her husband Grudeep Singh, his brothers Bhajan Singh, Happy and sisters Darshan Kaur, Daljit Kaur, mother-in-law Satnam Kaur and father-in-law Jeet Singh were not satisfied with the dowry she had brought in marriage. They continued demanding more items of dowry. So that she felt coerced in fulfilling their demand for dowry, they continued giving her beating. Whenever Gurdev Singh and other members of his family came to see Rajinder Kaur at the house of her in-laws at Gidderbaha, she told them that her husband, her mother-in-law, father-in-law, sisters-in-law and brothers-in-law were beating her actuated by greed. They gave her beatings sometimes in the presence of Gurdev Singh. Gurdev Singh and his family did not take up the matter further because of the constraints imposed by the Society on the divorcee's remarriage. A year prior to the death of Rajinder Kaur, Rajinder Kaur's husband Gurdeep Singh demanded motor-cycle. Somehow, Gurdev Singh raised Rs. 25,000/- and gave the amount to Gurdeep Singh for the purchase of motor-cycle. Instead of purchasing motor-cycle Gurdeep Singh purchased a plot with that amount. Gurdeep Singh did not feel appeased after receiving Rs. 25,000/- from the family of his wife. His wife's family gave him the amount of Rs. 25,000/- so that there was no ill-treatment to Rajinder Kaur and she kept inducted into the matrimonial home. Inspite of receiving Rs. 25,000/- from the family of Rajinder Kaur there was no letup in the demand for motor cycle. Gurdev Singh brought Panchayat of village Gidaranwali to Gidderbaha with a view to make entreaties to Gurdeep Singh etc. not to persist in their demand for dowry and to keep Rajinder Kaur in the matrimonial home with love and affection. There was no letup in their ill-treatment of Rajinder Kaur. Eventually on 27.7.1995, they gave her poison. She died. After three days of the death of Rajinder Kaur, information was received by Gurdev Singh about the death of Rajinder Kaur from Mohan Devi, the daughter of the manufacturers of "Chaar Photo Naswar". Gurdeep Singh and his family did not wait for Gurdev Singh and his family and cremated the dead body hurriedly and surreptitiously. Gurdev Singh gave application Ex. PB to SHO, Police Station Gidderbaha. On the basis of application Ex. PB, DDR No. 377 was recorded in the Daily Diary Register of Police Station, Gidderbaha. After preliminary probe case FIR No. 44 dated 8.8.1995 was registered under section 304-B, Indian Penal Code at Police Station, Gidderbaha. After investigation, Gurdeep Singh, Harbhajan Singh, Daljit Singh, Jeet Singh, Satnam Kaur, Darshan Kaur and Daljit Kaur were challaned under section 304-B, Indian Penal Code.

(2.) CASE was committed to the court of Session by Judicial Magistrate First Class, Gidderbaha vide order dated 22.12.1995. Charge was framed under section 304-B Indian Penal Code. Accused pleaded not guilty to the charge and claimed trial.

(3.) NOT satisfied with the order dated 15.7.2000 of the learned Additional Sessions Judge, Mukatsar convicting and sentencing them under Section 304-B IPC, Gurdeep Singh, Jeet Singh and Satnam Kaur have come up in appeal to this Court.