JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN case FIR No. 87 dated 8.7.1997 under Section 304-B IPC of PS Dera Bassi (Sessions Case No. 17-T dated 11.8.2000/13.2.1998), Additional Sessions Judge, Patiala convicted and sentenced Jaswinder Singh alias Bhola, Swaran Kaur, Ashok Kumar and Dalwinder Kaur alias Bholi to undergo RI for a period of 7 years under Section 304-B IPC for having brought about the death of Smt. Usha Rani wife of Jaswinder Singh alias Bhola (which was "dowry death" as defined in Section 304-B IPC).

(2.) THE prosecution case, in brief, is that about 1-3/4 years ago. Usha Rani daughter of Gurnam Singh son of Kewal Ram Saini of village Bhagwanpura was married to Jaswinder Singh alias Bhola s/o Gurnam Singh alias Nam Singh Saini to village Baltana. At the time of marriage, Gurnam Singh had given dowry to Jaswinder Singh alias Bhola per his financial capacity. He had also given black and white Television in dowry. Six months after marriage, the in-laws of Usha Rani began to harass her. Usha Rani was given beating and left at the house of her parents by them saying that they should take their black and white television and give them colour television instead and fridge also. Her in-laws told her parents that if they gave them colour television and fridge only then they would take Usha Rani to the matrimonial home. Gurnam Singh (father of Usha Rani) could not fulfil the demand of her in-laws for colour television and fridge. He collected panchayat of village Bhagwanpura and took that panchayat and his daughter to village Baltana. Panchayats of village Bhagwanpura and Baltana advised the in-laws or Usha Rani to keep Usha Rani at the matrimonial home. In-laws of Usha Rani accepted this advise and Usha Rani was kept in the matrimonial home. Her in-laws, however, did not relent so far as their demand for colour television and fridge was concerned.

(3.) VIDE order dated 16.3.1998, Additional Sessions Judge, Patiala charged, Ashok Kumar, Dalwinder Kaur @ Bholi, Jaswinder Singh alias Bhola, Gurnam Singh, Swaran Kaur under Section 304-B IPC. Accused pleaded not guilty to the charge and claimed trial.