PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Shri Paramjit Singh son of Shri Sant Singh son of Shri Kishan Singh (husband) and Smt. Gurmit Kaur, wife of Sant Singh, son of Kishan Singh (mother-in-law) of Smt. Rupinder Kaur deceased, and it has been directed against the judgment and order dated 12.12.1997 passed by the Court of learned Sessions Judge, Rupnagar, who convicted the present two appellants under Sections 302/34 IPC and Section 498-A IPC and sentenced each one of them to undergo life imprisonment and to pay a fine of Rs. 5000/-. In default of payment of fine they were directed to undergo further R1 for one year. The appellants were also convicted under Section 498-A IPC and they were sentenced to undergo RI for a period of two years and to pay a fine of Rs. 2000/-. In default of payment of fine each one of the them was directed to undergo RI for six months.

(2.) THE brief facts of the case are that both the appellants along with Manjit Kaur and Gurdev Kaur were charge-sheeted under Section 498-A IPC on the allegations that they were responsible to treat Smt. Rupinder Kaur with cruelty when she was married with Paramjit Singh appellant on 3.12.1995 and who died on 29.8.1996 in connection with the demand for dowry and thereby allegedly committed an offence punishable under Section 498-A IPC. The present appellants and Manjit Singh were further charge-sheeted under Section 304-B IPC with the allegations that on 28.8.1996 at about 6.00 P.M. in the area of village Hafzabad, they committed dowry death of Smt. Rupinder Kaur and thereby allegedly committed an offence punishable under Section 304-B IPC. Further, the trial Court framed a charge against them being the members of the unlawful assembly and the common object of which was to commit murder of Smt. Rupinder Kaur and thereby committed an offence punishable under Section 142 IPC read with section 149 IPC. The fourth charge which was framed against the appellants and their companion was that on the same day, time and place, being members of the unlawful assembly and in prosecution of their common object, they allegedly committed the murder of Smt. Rupinder Kaur and thereby committed an offence punishable under Section 302/149 of the Indian Penal Code.

(3.) P .W.1 Dr. Anand Kumar Sharma along with Dr. Anita Virdi on 30.8.1996 at about 9.40 A.M., conducted the post mortem examination on the dead-body of Smt. Rupinder Kaur. It was identified by Mohan Singh and Tehal Singh. It was body of a young female aged 21 years with 100% burns wearing few pieces of burnt clothes. Pubic and scalp hair were burnt. Superficial layer of skin was burnt black and peeling of skin was also present. Dead-body was smelling of kerosene oil. On the anterior aspect of the body, especially on abdomen and chest sand was present, eyes, mouth and nose were totally closed because of the extensive burns and in the opinion of the doctor, it was 100% burn. There was no external mark of injury. Rigour mortis was present. Superficial skin burnt. The stomach contained about 125 CC of gastric juices small intestine containing undigested food particles and large intestine contained faecal matter, bladder contained about 100 cc of urine. Uterus was healthy. On opening uterine cavity it was normal, healthy and empty. In the opinion of the Board of doctors the cause of death was due to shock on account of 100% burns. It was sufficient in the ordinary course of nature to cause the death. The doctor also opined that the burn injuries were ante mortem in nature. The doctors after the post mortem examination handed over the inquest papers and the post mortem report to the police. The doctor further opined that probable time that elapsed between injuries and death was within one hour and between death and post mortem was within 24 hours. Ex.PC is the carbon copy of the post mortem report given by the doctor, signed by him and doctor Anita Virdi. On the completion of the investigation of the case, both the appellants along with the other three acquitted were challaned to the Court of area Magistrate who supplied copies of documents to the accused as relied upon by the prosecution and vide commitment order dated 22.11.1996, the Chief Judicial Magistrate, Ropar committed all the five accused to the Court of Session. Vide order dated 11.12.1996, the learned Sessions Judge framed charges against the appellants and their companions under Sections 498-A, 304-B, 142 read with Section 149 IPC and under Section 302/149 IPC. The charges were read over the explained to them to which they pleaded not guilty and claimed trial.