YADWINDER SINGH Vs. STATE OF U.T.

JUDGEMENT

(1.) Appellant Yadwinder Singh has directed the present appeal against the judgment dated 12.7.2010 and order dated 14.7.2010 passed by Shri Lalit Batra, learned Additional Sessions Judge Chandigarh vide which the accused/appellant has been convicted in a case FIR No. 256 dated 16.6.2009 registered under Sections 304-B and 498-A read with Section 34 of the Indian Penal Code (in short -- the IPC) at Police Station Sector 39, Chandigarh and sentenced to undergo rigorous imprisonment for a period of ten years under Section 304-B of the IPC and to further undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/- under Section 498-A of the IPC and in default of payment of fine to further undergo rigorous imprisonment for a period of three months. Both the sentences were, however, ordered to run concurrently. Co-accused namely Jaspinder Singh, Paramjit Singh and Manjit Kaur were acquitted from the charges levelled against them.

(2.) The prosecution story in brief is that on 16.6.2009 a wireless message was received at police post Maloya regarding consumption of poison by someone in House No. 207 Village Maloya Chandigarh. SI Ram Rattan along with police officials reached the spot and met Amandeep Singh, Balbir Singh, Dialect Singh, Yadwinder Singh, Jaspinder Singh and Manjeet Kaur all residents of House No. 207 Village Maloya, Chandigarh. On the first floor in the room a dead body of female was lying on the bed and it was identified to be that of Jagdeep Kaur wife of Yad winder Singh. Senior police officials as well as Ms. Prerna Puri, Sub Divisional Magistrate (South) had arrived on the spot. Place of occurrence was photographed and then statement of Amandeep Singh was recorded to the effect that his sister Jagdeep Kaur was earlier married about four years back and after sometime Jagdeep Kaur was divorced. On 29.11.2008 Jagdeep Kaur since deceased re-married to Yadwinder Singh accused according to sikh rites and ceremonies, who was also divorcee. At the time of marriage with Yadwinder Singh, parents of Jagdeep Kaur had given sufficient dowry as per their status hut after few months of marriage Yadwinder Singh, his father Jaspinder Singh, mother Manjeet Kaur, brother Paramjeet Singh and sister Harpreet Kaur started subjecting Jagdeep Kaur to cruelty on account of bringing less dowry. Jagdeep Kaur was subjected to torture mentally as well as physically by her in-laws. Jagdeep Kaur used to narrate her sufferings to her parents telephonically and as and when she used to visit her parental home. Even though Amandeep Singh (complainant) along with relations had gone to matrimonial home of Jagdeep Kaur to reconcile the matter but to no avail. Jagdeep Kaur used to convey on telephone to her parents as well as brother that she would be killed by her in-laws.

(3.) It has been further stated that on 16.6.2009 at about 4.30 p.m. Amandeep Singh had received a telephonic message from Yadwinder Singh to come immediately at the matrimonial home of his sister and even though complainant had inquired about the cause but nothing was conveyed to him by Yadwinder Singh. Thereafter, Amandeep Singh with his mother and cousin Daljit Singh had reached at the matrimonial home of Jagdeep Kaur and on reaching there they were informed by Yadwinder Singh that Jagdeep Kaur had committed suicide by hanging herself. He alleged that he had seen the body of Jagdeep Kaur lying on the bed and had also detected strangulation marks on her neck. On the basis of aforesaid statement of the complainant, FIR was registered and investigation commenced. After completion of investigation, challan was filed before the learned Illaqa Magistrate where requirement of Section 208 Cr.P.C. were complied with and the learned Illaqa Magistrate committed the case to the learned Court of Sessions Judge, Chandigarh.