DESA SINGH & ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in this appeal preferred by appellants-convicts Desa Singh and Gurdeep Singh sons of Tehal Singh (for brevity "the appellants"), is to the impugned judgment of conviction dated 19.3.2001 and order of sentence dated 20.3.2001, by virtue of which, the trial Judge has acquitted all the accused for the commission of an offence punishable u/s 304-B IPC. At the same time, the appellants were convicted and sentenced to undergo rigorous imprisonment (for short "RI") for a period of five years, to pay a fine of Rs. 3000/- each and in default thereof to further undergo RI for a period of six months each u/s 306 IPC by the trial Court of Addl. Sessions Judge.

(2.) The matrix of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the present appeal and emanating from the record, as claimed by the prosecution, is that the marriage of Palo Bibi, daughter of Kakka Singh (PW3) was solemnized with appellant Gurdeep Singh son of Tehal Singh according to Hindu rites & ceremonies at village Sher Singh Wala. They resided together, cohabited as husband & wife and one son & one daughter were born out of their wedlock. Her father was stated to have given sufficient dowry articles at the time of marriage, but the accused were not satisfied with the same. The clothes, gold Kangan and other customary gifts were also stated to have been given to the accused at the time of birth of son Amrik Singh. Still, the accused were not satisfied and they started maltreating Palo Bibi. She had told her tale of woe to him. He (PW3) convened a panchayat. The accused reiterated their demand of colour TV and cooler etc. before the panchayat as well.

(3.) The case of the prosecution further proceeds that after about 6/7 months of the convening of panchayat, the accused again started maltreating and harassing Palo Bibi. She was in a family way and was done to death by the accused persons. Having received the information of death of Palo Bibi, her brother complainant Gurnam Singh (PW6) and his relatives went to her matrimonial home, where her dead body was lying on a cot. He suspected that the death of Palo Bibi was caused by Gurdeep Singh, Dessa Singh and Tehal Singh accused on account of bringing insufficient dowry. He telephonically informed his father in Uttar Pradesh, who had lodged the complaint (Ex.P3) to SSP Ferozepur in this respect.