KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed by the appellants against the judgment of conviction dated 04.02.2003 and order of sentence dated 07.02.2003, passed by the learned Addl. Sessions Judge, Barnala, whereby, they were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of six years each and to pay a fine of Rs.1000/ - each under Section 306 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month each and they were further convicted and sentenced to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs.500/ - each under Section 498 -A IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month each. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that FIR in the present case has been registered on the basis of statement of Mewa Singh (complainant). In the statement, it is stated that Paramjit Kaur daughter of complainant Mewa Singh was married to accused Kuldeep Singh about 2 1/2 years before 26.03.2001. A male child was born, who was 1¼ years old at the time of occurrence. The allegations are that Vidya Devi, mother -in -law, Sadhu Singh, father -in -law and Kuldeep Singh, husband of Paramjit Kaur usually used to harass, torture and pressurize her to bring more dowry. About one year after the marriage, Paramjit Kaur came to the house of her father and told him that accused father -in -law, mother -in -law and husband were demanding scooter and were asking her that she should tell her father that either he should purchase a scooter for them or pay the cash amount being the price thereof. The complainant arranged Rs.10,000/ - and gave the same to Paramjit Kaur for payment to the accused. At the time of birth of the child to Paramjit Kaur, complainant also gave clothes and gold ornaments etc. One month before 26.03.2001, a telephonic message was received from Paramjit Kaur that Kuldeep Singh, Vidya Devi and Sadhu Singh were harassing her and asking her to bring Rs.50,000/ - for construction of the house. On receiving telephonic message, Mewa Singh told his daughter that he is coming to Chohanke Kalan in her in -laws house. Then, complainant and his brother Dev Raj went to the matrimonial house of Paramjit Kaur.

(3.) PW -2 Head Constable Pargat Singh, deposed regarding depositing of parcels in the office of Chemical Examiner, Patiala. PW -3 ASI Jagdish Kumar, who was with the Investigating Officer, deposed regarding investigation of the case. PW -4 Dev Raj, Draftsman deposed that he prepared scaled site plan Ex.PD. PW -5 Dr.Neera, deposed that she conducted post -mortem examination on the dead body of Paramjit Kaur on 26.03.2001 at about 10.00 A.M. and found following injuries: -