PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Pritam Singh accused-appellant has directed the present appeal against the judgment and order dated 12.11.2002 passed by Shri Surjit Singh, learned Additional Sessions Judge, (Adhoc) Fast Track Court, Hoshiarpur vide which accused/appellant stood convicted under Section 306 of the IPC and sentenced him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.2000/- and in default of payment of fine amount to further undergo rigorous imprisonment for a period of three months.

(2.) The brief facts of the prosecution case are that Mohinder Singh complainant had stated that his daughter Jasbir Kaur deceased was married to Pritam Singh accused in the year 1989 and two children eldest is daughter aged about 7 years and youngest is son aged about 5 years ( from the date of occurrence ) were born to her from the loins of Pritam Singh. He has also alleged that he had given sufficient dowry as per his capacity in the marriage but accused Pritam Singh and his mother Swaran Kaur were not happy with the dowry and they started maltreating Jasbir Kaur and also used to taunt her by saying that her father had not given a kothi to them and had not given dowry articles according to their status. They were also compelling her to bring more dowry. He further stated that his daughter informed him and his son on telephone and then complainant along with his son Paramjit Singh and one Gurbinder Singh came to Dasuya to the house of the accused and requested them not to maltreat Jasbir Kaur but they did not desist from maltreating her. It is further alleged that Jasbir Kaur used to come to the house of the complainant of and on and used to say that she preferred death than living in such conditions. It is further alleged by the complainant that about four months prior to the occurrence, he along with his son came to Dasuya to meet his daughter Jasbir Kaur and after meeting her they went to the house of their relative Gurmakh Singh who told them that one month prior to that he had gone to meet Jasbir Kaur and in his presence accused Pritam Singh quarreled with her and slapped her saying that she was of no use to him and he also requested Gurmukh Singh to take her to his house because her father has not fulfilled their demand of dowry and if she would die nothing would happen to them.

(3.) It is further alleged by the complainant that on 16.3.1998 at about 2.00a.m., he received a telephonic message from Surinder Kaur jethani of Jasbir Kaur saying that Jasbir Kaur suffered attack and she requested the complainant to reach immediately. Complainant then asked her as to what happened and then she told that Jasbir Kaur had died, then complainant along with his son, wife and other relations reached Dasuya and found his daughter Jasbir Kaur dead on a cot. He suspected that his daughter has consumed some poisonous medicine due to maltreatment given to her by both the accused. On the basis of the aforesaid statement FIR was registered. The investigation was taken up by Daljit Singh. ASI, who prepared inquest report on the dead body of Jasbir Kaur and post mortem examination was got done at Hoshiarpur from the board of doctors. Site plan of the place of occurrence was prepared. Statements of the prosecution witnesses were recorded. After completion of the necessary investigations challan against the accused was presented in the court.