PARKASH KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Parkash Kaur has preferred the instant appeal against the judgment of conviction dated 16.08.2002 and order of sentence dated 17.08.2002, passed by Additional Sessions Judge, Gurdaspur, vide which she has been held guilty for the commission of offence punishable under Section 306 IPC and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under the aforesaid Section. However, co -accused Harpal Singh has been acquitted.

(2.) BRIEF facts of the prosecution case are that FIR in the present case has been registered on the statement of Harjit Singh in which he stated that his elder sister Daljit Kaur was married with Sarwan Singh about 7 -8 years back and two sons (one about 4 -5 years old and another about 2 -3 years old), were born out of their wedlock. After sometime of marriage, Sarwan Singh alongwith Daljit Kaur, started living separately from his family. But Parkash Kaur and Harpal Singh, mother -in -law and brother -in -law of Daljit Kaur respectively, started quarrelling with Daljit Kaur. They also gave beating to her about 2 -3 times. Complainant also stated that whenever his sister Daljit Kaur came to his village, she informed about it but they (complainant family) advised her to settle it at her own level as it was her family dispute. Accused Parkash Kaur and Harpal Singh treated Daljit Kaur with cruelty and abused her. About 2 -3 months prior to the occurrence, the complainant, his father Bawa Singh and one Harjit Singh, mediator of the marriage, went to the house of accused and advised them that they should not quarrel with Daljit Kaur. The accused told the complainant party that it is their family matter and they should not interfere in it. Thereafter, the complainant etc. came back to their village. On 28.05.1998, complainant came to know that his sister had consumed some poisonous substance and she was under medical treatment at Qadian. Then, the complainant, his father Bawa Singh and Harjit Singh reached Qadian. By that time, Daljit Kaur had expired. The respectable persons of village Harchowal i.e. the village of accused, tried to compromise the matter but in vain. The complainant party also came to know that in the morning of that day, Parkash Kaur and Harpal Singh, mother -in -law and brother -in -law of Daljit Kaur (deceased), had quarrelled with Daljit Kaur due to which she had consumed some poisonous substance. On the basis of statement of complainant, FIR was registered. ASI Paramjit Singh, Investigating Officer, visited the spot and prepared the inquest report of the dead body of Daljit Kaur. Thereafter, postmortem examination on the dead body of Daljit Kaur was got conducted. Site plan of the place of occurrence was prepared and statements of witnesses were recorded. After completion of investigation, challan against the accused was presented before the Court.

(3.) THE prosecution, in support of its case, examined PW1 Dr. Romesh Kumar Sharma, who conducted the postmortem examination on the dead body of Daljit Kaur on 29.05.1998 at 1:15 p.m. As per the opinion of the doctor (PW1), the cause of death in this case was on account of consuming aluminum phosphate i.e. poisonous substance. PW2 Harjit Singh, complainant and brother of deceased Daljit Kaur, mainly deposed as per prosecution version. In chief -examination, he also made improvement that accused Parkash Kaur used to taunt Daljit Kaur for bringing torn clothes in dowry and she should die by consuming poison. PW3 Harjit Singh son of Bachan Singh deposed that he was related to Bawa Singh, father of complainant Harjit Singh. This witness deposed regarding the marriage of Daljit Kaur with Sarwan Singh. He (PW3) also deposed that there was dispute of Daljit Kaur with her mother -in -law and brother -in -law. This witness deposed that both the accused used to taunt Daljit Kaur by saying that she had brought torn clothes in dowry. He also deposed that 2 -3 months prior to the death of Daljit Kaur, she met her parents and told about the maltreatment given to her by accused. PW4 Harbhajan Singh, mediator of the marriage of Daljit Kaur with Sarwan Singh, also deposed as per prosecution version. This witness also deposed that accused had beaten Daljit Kaur (deceased) thrice and she herself had disclosed this fact to him. Then he alongwith 2 -3 respectable persons of the village went to the village of accused for negotiation. This witness also deposed that 2 - 3 months prior to the occurrence, accused had given beating to Daljit Kaur (deceased). PW5 L.C.Kuldip Singh deposed regarding getting conducted the postmortem examination on the dead body of Daljit Kaur. PW6 Janak Singh Dhanjal, Draftsman, mainly deposed regarding preparing of scaled site plan Ex.PE. PW7 ASI Paramjit Singh, Investigating Officer of this case, mainly deposed regarding the investigation conducted by him in the present case.