DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in this appeal preferred by appellants -convicts Dilbagh Singh (husband) son of and Gurmeet Kaur (mother -in -law) wife of Sukhwinder Singh (for brevity "the appellants "), is to the impugned judgment of conviction and order of sentence dated 22.2.2001, by virtue of which, all the accused were acquitted for the commission of an offence punishable u/s 302 IPC. Accused Sukhwinder Singh (father -in -law) and Paramjit Kaur alias Gorkho (sister -in -law) of Jaswinder Kaur (since deceased) were also acquitted under sections 304 -B and 498 -A IPC. At the same time, the appellants were convicted u/ss 304 -B and 498 -A IPC. They were sentenced to undergo rigorous imprisonment (for short "RI ") for a period of seven years u/s 304 -B IPC. However, no separate sentence was awarded to them u/s 498 -A IPC by the trial Court of Addl. Sessions Judge.

(2.) THE compendium of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that the marriage of Jaswinder Kaur, daughter of complainant Prem Singh (PW1) (for brevity "the complainant ") was solemnized with appellant Dilbagh Singh, 2 1/2/3 years prior to the present occurrence. He was employed in Delhi Police. After solemnization of the marriage, they resided together, cohabited as husband & wife and a female child Manpreet Kaur was born out of their wedlock. According to the complainant that his daughter Jaswinder Kaur had repeatedly told him that appellants Dilbagh Singh (husband), Gurmeet Kaur (mother -in -law), Sukhwinder Singh (father -in -law) and Paramjit Kaur alias Gorkho (sister -in -law) used to taunt/harass her, by proclaiming that although her father is a transporter, but he has not given a scooter in the marriage. They repeatedly asked her to bring the scooter from her father. Jaswinder Kaur was totally illiterate and did not know how to read and write.

(3.) THE case of the prosecution further proceeds that on 19.3.1998, the complainant along with Ajaib Singh (PW2) and Charan Singn had gone to see Jaswinder Kaur at village Manochahal. Her husband appellant Dilbagh Singh was on leave and was present in the house. Sukhwinder Singh, Gurmeet Kaur (parents -in -law) and Paramjit Kaur alias Gorkho (sister -in -law) of Jaswinder Kaur were also present in the house. They served tea to them. The accused again repeated the demand of scooter. Thereafter, gesture was made towards Dilbagh Singh, Sukhwinder Singh and Paramjit Kaur by Gurmeet Kaur. Accordingly, Paramjit Kaur, Sukhwinder Singh, Gurmeet Kaur and Dilbagh Singh went in a room and after some time, they came out from the room. Appellant Dilbagh Singh brought a steel glass having some liquid in it and asked his wife Jaswinder Kaur to consume it. She did not agree, but finally, Gurmeet Kaur insisted her that first, she should take tea. As soon as, Jaswinder Kaur took tea, she started shivering with pain. All the members of the family of complainant got perplexed and became nervous and they started giving certain homely treatment to Jaswinder Kaur. But all the efforts proved futile and she died at the spot. Thereafter, accused Sukhwinder Singh and Dilbagh Singh asked the complainant not to report the matter to the police. However, he (complainant) made his statement (Ex.PB) to the police, which formed the basis of formal FIR (Ex.PB/2).