SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been instituted by Sadhu Singh son of Pattu Singh against judgment and order dated 6.2.1990 passed by the Additional Sessions Judge, Bathinda whereby he was found guilty and convicted under Section 304-B of the Indian Penal Code (hereinafter to be referred as 'the Code') and sentenced to undergo R.I. for seven years.

(2.) BRIEFLY stated, the facts are that Smt. Lachho, now deceased, was the daughter of PW-2 Bant Singh. She was married to Sadhu Singh appellant about two years prior to the occurrence. Bant Singh had given dowry to Smt. Laccho according to his capacity. Pattu Singh is the father-in-law, while Surjit Kaur is the mother-in-law of Smt. Laccho. After about two months of the marriage, Sadhu Singh appellant along with his father Pattu Singh and other panchayat members had visited the house of PW-2 Bant Singh and left Smt. Lachho at the house of her father. However, after 10 days, PW-2 Bant Singh along with the panchayat visited the house of the appellant and left Smt. Lachho there. On the next day, Sadhu Singh appellant and his father again left Smt. Lachho at the house of her father and told her father Bant Singh that they would not keep Smt. Laccho unless they were given golden karra, ring and Mohar. PW-2 Bant Singh told them that he was a poor person and could not afford these articles. Thereafter, Sadhu Singh filed a divorce petition, which was lateron dismissed by him as withdrawn on the basis of the compromise.

(3.) THE case was registered upon the statement of Bant Singh against the appellant, his father Pattu Singh and his mother Surjit Kaur. All of them were apprehended. The dead body of Smt. Lachho was subjected to post mortem examination by Dr. Bhushan Kumar (since expired). After the receipt of the report of the Chemical Examiner, Dr. Bhushan Kumar gave his opinion Ex.PQ/1 that the cause of death of Smt. Lachho was consumption of Organo phosphorus compound (insecticide). The time which elapsed between injury and death was within few hours and the time that elapsed between death and post mortem was within 12 to 24 hours.