KULWANT SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kulwant Singh, Darshan Singh and Charanjit Kaur -appellants have filed this appeal against the judgment of conviction and order of sentence dated 6.10.2001 passed by Sessions Judge, Hoshiarpur, whereby the accused-appellants have been held guilty and convicted for the offence under Section 306 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC'). They have been sentenced to undergo rigorous imprisonment for five years each and to pay a fine of Rs. 2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each for the offence under Section 306 read with Section 34 IPC.

(2.) The brief facts of the prosecution case are that the FIR in the present case has been registered on the statement of Kulwant Singh son of Labh Singh, father of deceased Amarjit Kaur, who mainly stated that he has three daughters and a son and his eldest daughter Amarjit Kaur was married with accused Kulwant Singh son of Karam Singh and she had given birth to three children. The complainant also stated that his son-inlaw Kulwant Singh used to live jointly with his brothers in separate rooms, but they had common courtyard. About six months earlier, Kulwant Singh accused had demanded the hand of his other daughter for his nephew, but he did not agree and on that account he started harassing his daughter and had stopped meeting them and his wife Surjit Kaur had gone to meet Amarjit Kaur and on return to the village she told the complainant that Darshan Singh Jeth (elder brother of Kulwant Singh) and Charanjit Kaur wife of Darshan Singh were harassing Amarjit Kaur on account of the refusal by the complainant to matrimonial alliance of their daughter Jaswinder Kaur and taunt her. The complainant stated that he married his younger daughter Jaswinder Kaur about a month ago and Kulwant Singh accused did not attend that marriage nor he allowed Amarjit Kaur to attend the marriage of her younger sister. The complainant stated that on 6.7.1999, he came to know that Amarjit Kaur had died on account of consuming some poisonous substance. Inquest proceedings were conducted. Dead body was sent for post-mortem examination. After verifying the investigation on 9.7.1999, the case was registered against Kulwant Singh, Darshan Singh and Charanjit Kaur.

(3.) After necessary investigation, challan was presented.