RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction dated 08.11.2002 and order of sentence dated 11.11.2002 passed by Shri Sham Sunder, Additional Sessions Judge, Barnala, vide which the appellant Raghbir Singh has been convicted under Section 304-B of the Indian Penal Code (in short "the IPC") and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1000/-. In default of payment of fine, to further undergo rigorous imprisonment for a period of one month.

(2.) Briefly stated, Raghbir Singh-present appellant along with his mother Phulwati and father Badal were sent to stand trial for an offence punishable under Section 304-B IPC.

(3.) As per case of the prosecution, on the intervening night of 23/24.11.2000, in the area of village Talewal, Saroj died due to burn injuries, within seven years of her marriage. It is alleged that soon before her death, appellant Raghbir Singh, his mother Phulwati and father Badal harrased her in connection with demand of dowry. The marriage of deceased Saroj Bala had taken place two years before 24.11.2000 according to Hindu rites and ceremonies. At the time of marriage, Prem Lata-mother of complainant Raj Kumar and deceased Saroj Bala gave dowry according to their capacity. After two months of her marriage, the members of her in-laws family started harassing her and coerced her to bring more dowry. Saroj Bala deceased came to Tapa and narrated her tale of woes to her mother Prem Lata and brother Raj Kumar. She also disclosed that her husband Raghbir Singh (present appellant), her mother-in-law Phulwati and father-in-law Badal used to beat her and ask her to bring more dowry. The mother of complainant in order to meet their demands, collected Rs. 5000/- and paid the same to in-laws of Saroj Bala deceased. On 06.12.1999, Saroj Bala gave birth to a male child and at that time, complainant paid customary gifts valuing to Rs. 10,000/-. It is further alleged that even thereafter, appellant keep on harassing Saroj Bala and tortured her for bringing more dowry. The complainant and his mother went to the house of in-laws of Saroj Bala at Talewal and requested the members of in-laws family that they are unable to give more dowry. At that time, appellant Raghbir Singh and his sister Meena made a demand of scooter. Prem Lata-mother of the deceased sought time to meet the said demand. The complainant Raj Kumar and his mother Prem Lata, gave assurance to Saroj Bala that nothing will happen and told her to stay at her in-laws house. On the intervening night of 23/24-11-2000, complainant Raj Kumar received a telephonic call that Saroj Bala was admitted in Civil Hospital, Barnala on account of burn injuries. The complainant along with his mother Prem Lata, Nathu Ram Commissioner and Ram Singh went to Civil Hospital, Barnala, but Saroj Bala was not found admitted there. They searched for Saroj Bala through out the night but could not find her. In the morning of 24.11.2000, they came to know that Saroj Bala was got admitted in Civil Hospital, Tapa. They went there and came to know that Saroj Bala had already died. The matter was then reported to the police.