BHUPINDER KUMAR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Concisely, the facts & evidence, unfolded during the course of trial, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant appeal and emanating from the record, as claimed by the prosecution are that, the marriage of appellant-Bhupinder Kumar alias Bhupi was solemnized on 23.01.1998 with Alka, younger daughter of complainant-Kanta Devi (PW2)(for brevity "the complainant"). After solemnization of the marriage, they resided together and cohabited as a husband & wife and one son was born out of their said wedlock. According to the complainant that, some time after the marriage, appellants-Bhupinder Kumar(husband), Savitri Devi(mother-in-law), Anita wife of Narinder Kumar and Sunita Kumari wife of Harish Kumar(sister-in-laws) of the deceased, started taunting, insulting and beating her for bringing insufficient dowry. They did not allow Alka to visit her parental house. Even she was harassed and tortured in the presence of the complainant. Alka used to narrate her tale of woe to her. Three/four months prior to the present occurrence, Bhupinder Kumar was stated to have left Alka at her parental house at Sunam and proclaimed that he will not take her back. After two months, he along with his mother's sister came to Sunam and requested to send Alka to her matrimonial home at their responsibility. Consequently, he took Alka in his house on the responsibility of his mother's sister Mohan Devi. However, the accused did not mend their ways and continued treating her with cruelty. Alka had narrated the harassment given by the accused to her brother Rakesh Kumar and requested him to take back, but the accused did not allow her to accompany Rakesh Kumar to Sunam.

(2.) The story of the prosecution is that, one day the complainant was telephonically called by appellant-Bhupinder Kumar on the false pretext of illness of his son. She came to his house and noticed that he was armed with a knife. He and his mother-Savitri Devi were quarreling with Alka. He threatened Alka with dire consequences to kill her with the knife. The complainant made them understand, but in vain and they started insulting her as well. A Biradri Panchayat was convened at the instance of the complainant and the matter was pacified thereafter.

(3.) The version of the prosecution further proceeds that on 18.06.2000 at 2.30 PM, the complainant received a telephonic message that Alka has been murdered by the accused. They reached the house of the accused and noticed that the dead-body of Alka was lying on the 2nd floor(Chaubara) having blue marks on her neck. She suspected that Bhupinder Kumar(husband), Savitri Devi(mother-in-law), Anita and Sunita Kumari(sister-in-laws) have murdered Alka by strangulating her. Consequently, she reported the matter to the police and made her statement(Ex.PA), which was attested by ASI Karam Chand(PW-5). He made his endorsement(Ex.PA/1) and sent the same to the Police Station for registration of the case, on the basis of which, formal FIR(Ex.PA/2) was recorded by ASI Sakatar Singh.