JAGAT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated and order 23.1.2010 passed by Shri R.L.Ahuja, Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur vide which the appellants have been convicted under Section 304-B IPC and sentenced to undergo rigorous imprisonment for a period of 10 years.

(2.) Briefly stated, the case of the prosecution is that on 15.10.2004, SI-Iqbal Singh along with police party was present at Adda Cholang in connection with patrolling and checking, on government jeep driven by Avtar Singh. SI Iqbal Singh received information that a dead body kept in gunny bag is lying in the sugarcane crop of Rani Pur. SI Iqbal Singh along with policy officials visisted the disclosed place and found the dead body of a girl.

(3.) The complainant-Kuldip Singh met SI-Iqbal Singh and made a statement that marriage of Jasbir Kaur was solemnized with Sukhwinder Singh son of Jagat Singh on 9.5.2004. Soon after the marriage, Jagat Singh, father-in-law, Gurcharan Kaur, mother-in-law and her husband Sukhwinder Singh started maltreating her on account of brining more dowry. On 30.8.2004, all the accused demanded a sum of Rs.50,000/-. A sum of Rs.15,000/- was given to all the accused. The complainant also requested them not to maltreat his sister-Jasbir Kaur. After that, Sukhwinder Singh, husband of the deceased went abroad without disclosing it. Again both the accused started demanding Rs.35,000/- and also maltreated Jasbir Kaur. On 15.10.2004, the complainant received a telephonic message of Jagat Singh that Jasbir Kaur has left the matrimonial house without telling anyone. Harbans Kaur, mother of the deceased went to the police station for reporting the matter where she came to know that one dead-body was lying in the fields of village Ranipur in a gunny bag. She went to the spot and identified the dead-body of Jasbir Kaur. The complainant has further stated that he has full belief that his sister has been murdered by Jagat Singh, father-in-law and Gurcharan Kaur, mother-in-law. The motive behind the occurrence is non-payment of Rs.35,000/- to the in laws of the deceased. After investigation, challan was presented against the accused under Sections 302/34 IPC.