TARLOK SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 5.12.2002 passed by Sh. Gurdev Singh, Additional Sessions Judge, Ferozepur, vide which the present appellant Tarlok Singh has been convicted under Section 306 IPC and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 1 year. Briefly stated, Tarlok Singh, Shavinder Kaur and Kashmir Singh were sent to stand trial for offence under Section 302 IPC read with Section 34 IPC for having intentionally caused the death of Paramjit Kaur wife of Tarlok Singh appellant.

(2.) The case of the prosecution in brief is that Paramjit Kaur deceased sister of Bakhshish Singh complainant was married to Tarlok Singh about 10 years before her death. Paramjit Kaur had given birth to a son and a daughter from this marriage. At the time of marriage, lot of dowry was given to the accused, but they were not happy with the dowry articles and used to level allegations against her that she had not brought sufficient dowry from her parents. They used to maltreat her on the ground that she was not looking good in their family and accused had been taunting her continuously. Parents of Paramjit Kaur had given money on different occasions, but still they were not satisfied. Paramjit Kaur used to tell her parents and brother that she was being maltreated by the accused and was not happy. She used to say that accused might give her poison.

(3.) Complainant requested the accused that they should not harass Paramjit Kaur. About 4-5 days prior to her death Paramjit Kaur came to her parents in village Booh and complained that she was being maltreated by the accused and that he should accompany her to her in-laws and should tell them not to maltreat her. On 30.8.1998, the complainant took the deceased to the house of the accused in order to leave her at that place.All the accused were in the house and as soon as they reached that place, they started quarrelling with the deceased inspite of interference by the complainant. The accused told him that he should not intervene and should leave their house. At about 12 noon when he was still present in the house of the accused, Tarlok Singh caught hold of the deceased by her arms and asked his mother as to what she was looking for and should finish her. Some poisonous substance was put in the mouth of the deceased. At that time Kashmir Singh accused was standing near by with rifle in his hand and kept on exhorting his co-accused to finish the work immediately and that in future the deceased should not be seen in the house. The complainant tried to save the deceased. All the accused assaulted him and he saved his life by running away from that place. The deceased was removed to Civil Hospital, Zira, in semi-conscious condition and she died at that place at 2.24 P.M.