SUKHDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Crl. Appeal Nos. 1839-SB of 2002, 1942-SB of 2002 and Crl. Revision No. 139 of 2003. Crl Appeal Nos. 1839-SB of 2002 has been filed by Swaran Singh and Mohinder Kaur wife of Swaran Singh and Crl. Appeal Nos. 1942-SB of 2002 has been filed by Sukhdeep Singh son of Swaran Singh against the judgment and order of conviction dated 18-10-2002 passed by A. N. Jindal, Sessions Judge, Faridkot in Sessions Case No. 5 dated 17-1-2000 in case FIR No. 42 dated 5-10-1999 under Section 304-B/34 of the IPC whereby the appellants have been convicted under Section 304-B read with Section 34 of the IPC and sentenced to undergo R.I. for a period of seven years. Crl. Revision No. 139 of 2003 has been filed by Chanan Singh, complainant-father of the deceased, seeking enhancement of the sentence from seven years R.I. to life imprisonment.

(2.) The prosecution case has been narrated by Chanan Singh, P.W. 7 in his statement Ex. PC. The statement has been made on 26-9-2001. He states that he is a resident of Village Mudki. He had a daughter,namely, Surjit Kaur (hereinafter referred to as "the deceased"). She was found dead about one year and five months after her marriage to Sukhdeep Singh. The son named Manjit Singh who was born about five months earlier was also found dead along with the deceased. Just after the marriage of the deceased, the accused (three appellants) had started maltreating her on account of bringing inadequate dowry in the marriage. The deceased had told the complainant and other members of his family that her husband, Sukhdeep Singh used to beat her up. Appellants No. 2 and 3 (hereinafter referred to as "the father-in-law and mother-in-law" respectively) used to taunt and maltreat her on account of demand of dowry. The complainant and his family had requested the appellants not to maltreat the deceased. At the time of the birth of Manjit Singh, the appellants raised a demand of Rs. 50,000/- by way of dowry. The complainant and the family of the deceased showed their inability to pay this huge amount. This fact was brought to the notice of Mukhtiar Singh, Sarpanch of the Village (P.W. 8), Mohinder Singh and Ranjit Singh etc., who assured the complainant and his family that they would go to the house of the appellants as a Panchayat. However, the Village Panchayat could not be convened due to election. About one month prior to the deaths, Sukhbir Singh (P.W. 9) brother of the deceased, Gurmeet Kaur, sister-in-law of the deceased and Amar Kaur mother of the deceased had gone to the village Pindi Balochan to see the deceased. She prepared Pakoras for serving them. At that time, the husband came there and started beating the deceased saying that his father had suffered injuries on his hand and she was busy in preparing Pakoras for her relatives. On 5-10-1999 at about 1-30 p.m. the complainant, his wife and sons were present in the house when Ginder Singh son of Gurdial Singh, mason, resident of Sadiq came there and informed them that Surjit Kaur (the deceased) had consumed some pesticides and had also administered the same to her son and as a result thereof, they had died. On receipt of this message, the complainant along with his sons, Sarpanch Mukhtiar Singh, Jasbir Singh and other respectables went to the village Pindi Balochan to the house of the appellants. On reaching there they had found the deceased and her son lying dead on a cot in the veranda. He stated that either deceased Surjit Kaur and her son Manjit Singh had been administered some pesticides by the appellants or she had consumed some pesticides herself and administered the same to her son, after becoming fed up with the maltreatment and harassment meted out to her by the appellants because of insufficient dowry. Thereafter, due investigations were carried out by the police. Inquest reports, Ex. PP and Ex. PQ of the dead-bodies were prepared in the presence of the complainant and his son, Sukhbir Singh. Two khes Ex. P9 and Ex. P10 were lifted from the spot and converted into a parcel and sealed bearing impressions DS and took the same along with the Ex. PII vide recovery memo Ex. PH which was attested by Punjab Singh and Sukhbir Singh. The Investigating Officer also lifted from the spot one vial of pesticides, covered the same into a parcel after closing it with a lid sealed the same with his seal bearing impressions "DS" and took the said parcel into possession, vide memo Ex. PJ. He also prepared rough site plan, Ex. PS. Dead bodies were sent for post-mortem Dr. K. K. Aggarwal conducted the autopsy on the dead bodies of the deceased on 6-10-1999. A silver bangle, Ex. P12, two pairs of ear-rings Ex. P13 and Ex. P14 and two copies of post-mortem reports contained in a parcel along with the belongings of both the deceased i.e. Salwar Ex. P-3, Kameez Ex. P4, underwear Ex. PS, Chunni (Head Cloth), Ex. P6, Bra Ex. P7 and black coloured thread (Taragi) Ex. P8 were taken into possession in a sealed parcel bearing impressions "DS" vide memo Ex. PT. the visceras of the deceased were sent to the Chemical Examiner, Patiala to give report Ex. PN and Ex. PO. He detected Chloro compound, a group of insecticide in the samples.

(3.) The challan was presented. The appellants were charge-sheeted under Section 304-B, IPC read with Section 34, IPC.