GURWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The matrix of the facts & evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant appeal and emanating from the record, as claimed by the prosecution, is that the marriage of appellant-convict Gurwinder Singh son of Multan Singh (for brevity "the appellant") was solemnized with Jasbir Kaur, daughter of complainant Surmukh Singh (PW1) (for short "the complainant") in the month of April, 1997 according to Sikh rites and ceremonies. After solemnization of the marriage, they happily resided together, cohabited as husband & wife and a female child was born out of their wedlock. It was averred that on 4.12.1999 at about 6 P.M., the complainant received a message that his daughter was ill and was taken to Civil Hospital, Bassi. He along with his maternal uncle Pal Singh reached there. Ultimately, they came to know that Jasbir Kaur had died. Then, the complainant returned back to his village with the family members. Subsequently, after the inquiry, he came to know that his daughter had taken some poisonous substance and died. He did not suspect the hand of any one at that time and initially reported the matter to the police, vide DDR No.25 dated 4.12.1999 (Ex.DX). Consequently, the police prepared the inquest report and recorded the statements of complainant and his real brothers Bawa Singh and Jaspal Singh. They have corroborated the contents contained in the DDR (Ex.DX) and did not raise any kind of accusing finger against the accused.

(2.) Sequelly, the case of the prosecution further proceeds that on 7.12.1999, the complainant moved a complaint (Ex.PB) to SSP Fatehgarh Sahib against the accused leveling the allegations of harassment of his daughter by them on account of demand of dowry, scooter, gas cylinder and cash of Rs. 50,000/-. He was stated to have given the gas cylinder and paid Rs. 15,000/- with the hope that the accused may not harass his daughter, but in vain. During the course of inquiry, the DSP recommended and consequently, a criminal case was registered against the accused u/s 304-B IPC. The investigation was carried out by SI Gurdial Singh (PW9). During the investigation, supplementary statement of the complainant was again recorded. The investigating agency found Multan Singh (father-in-law), Balbir Singh alias Kala (brother-in-law), Tej Kaur (grand mother-in-law) of deceased and Ranjit Kaur alias Bhuri (niece), daughter of Jagtar Singh alias Jagga, as innocent, exonerated them and submitted the final police report (challan) against appellant Gurwinder Singh, husband of the deceased, that too, only u/s 306 IPC.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, the complainant claimed that Jasbir Kaur, daughter of the complainant, died an unnatural death by consuming some poisonous substance within a period of seven years of her marriage. Soon before her death, she was subjected to cruelty and harassment by the appellant, her husband & acquitted accused in connection with and on account of demand of dowry. Thus, they have committed the offence of dowry death.