GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE pith and substance of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant criminal appeal and emanating from the record, as claimed by the prosecution, are that, the marriage of appellant -convict Gurmej Singh son of Gulzar Singh (for brevity 'the appellant') was solemnized with Paramjit Kaur (since deceased), daughter of complainant Balwinder Kaur (PW1) (for short "the complainant "), about six months prior to the present occurrence. Although, sufficient dowry articles were stated to have been given by her at the time of marriage of her daughter, but the appellant was not satisfied with it. He used to pick quarrels and demanded more money from her. She narrated the entire tale of woe to the complainant. They requested him not to harass her as they were unable to fulfill their illegal demand on account of paucity of funds. According to the complainant that one month prior to the present occurrence, she had come to her house and stated that the appellant gave beatings to her and demanded more money. They took and left her in the matrimonial home. Thereafter, they returned back. The same thing was claimed to have been happened two days prior to the present occurrence. The complainant requested the appellant not to harass her(deceased), but in vain.

(2.) THE case of the prosecution further proceeds that on 12.05.2000 at about 3.00 PM, Sawinder Singh, sister's husband of the complainant, telephonically informed the complainant that Paramjit Kaur had consumed some poisonous substance and had died on account of mis -behaviour of the appellant. On receipt of the information, the complainant(PW1), his son Bikramjit Singh (PW2), brother -in -law(Jeth) Avtar Singh and father -in -law Dalip Singh reached her matrimonial home, where her dead body was lying. The complainant claimed that her daughter Paramjit Kaur had consumed some poisonous substance on account of harassment and demand of dowry by the appellant. In this manner, he has committed the dowry death. In the background of these allegations and in the wake of statement (Ex.PA) of the complainant, the instant case was registered against the appellant, vide FIR No.53 dated 12.5.2000(Ex.PA/2), for the commission of an offence punishable under Section 304 -B IPC, by the police of Police Station Ghuman, District Gurdaspur, in the manner described here -in -above.

(3.) SEQUELLY , the prosecution, in order to substantiate the crime against the appellant, examined complainant Balwinder Kaur as PW1, who has deposed in the following terms: -