SUKHBIR SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 28.08.2001, passed by the learned Addl. Sessions Judge, Amritsar whereby, they were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years each under Section 304-B IPC. Co-accused namely Balwinder Kaur alias Rani was acquitted of the charges framed against her.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the basis of statement of Mohan Singh, complainant, father of the deceased, who mainly stated that his daughter Rajwinder Kaur was married with Sukhbir Singh about two years prior to the occurrence and sufficient dowry has been given at the time of marriage. Rajwinder Kaur gave birth to a male child about eight months prior to the occurrence. He also stated that three months prior to the occurrence, Swaran Kaur mother-in-law, Balwinder Kaur alias Rani sister-in-law and Sukhbir Singh, husband had a quarrel with Rajwinder Kaur for not bringing dowry. Thereafter, complainant along with his wife's sister's husband Pargat Singh had gone to the house of the accused and brought Rajwinder Kaur to Barnala. On the next day, Udham Singh, maternal uncle of the accused Sukhbir Singh and one Lal Singh came to Barnala and taken back Rajwinder Kaur on the assurance that she would not be harassed again on demand of dowry. As per complainant, later on Shamsher Singh went to house of accused and told them that he had come to take Rajwinder Kaur but the accused-appellants refused to send her and told that until and unless she would not bring a refrigerator and television, she would not be allowed to go anywhere. On 27.05.1999 at 12.30 P.M., complainant came to know that his daughter has consumed some poisonous tablets and has been admitted to hospital at Ghariala. Complainant along with Kulwant Singh and Swaran Singh reached there and found her daughter dead. SHO Malkiat Singh reached the hospital, where he recorded the statement of the complainant. On the basis of this statement, ruqa was sent to the police station, on the basis of which FIR was registered. Inquest proceedings were conducted. Rough site plan was prepared. Statements of witnesses were recorded. Post-mortem of the dead body was got conducted. Accused were arrested. After necessary investigation challan was presented against the accusedappellants and co-accused.

(3.) On presentation of challan against accused-appellants and co-accused, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, the accused-appellants and co-accused were charge-sheeted under Section 304-B IPC, to which they pleaded not guilty and claimed trial.