BARU SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Concisely, the facts & 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 Baru Singh son of Mehar Singh, resident of village Bahadurpur (hereinafter to be referred as "the appellant") was solemnized with Baljinder Kaur(deceased), daughter of complainant-Mewa Singh son of Budh Singh (PW1)(for brevity "the complainant"), resident of village Gobindpura on 08.12.1997, 7/8 months prior to the present occurrence. Although, sufficient dowry articles were stated to have been given by him(complainant) as per his capacity at the time of her marriage, but the accused were not satisfied. The appellant had started harassing and treating his wife Baljinder Kaur with cruelty for bringing insufficient dowry. She narrated about the demand of dowry to her father many times. He(appellant) gave beatings to her one month prior to the present occurrence. When the complainant came to know about the maltreatment, then he along with Babu Singh son of Chita Singh(PW3) had gone to village Bahadurpur, to enquire about her welfare. Thereafter, the accused taunted them that he(complainant) had not given sufficient dowry articles. The accused demanded Rs. 10,000/- in cash and colour T.V. from them, failing which, they refused to keep her (deceased) in the matrimonial home. Then the complainant brought his daughter back to the village. Appellant-Baru Singh then came to village Gobindpura along with mediator Jaswinder Kaur wife of Mukhtiar Singh, to take his wife back in the matrimonial home. However, the complainant refused to send his daughter with them.

(2.) The case of the prosecution, in brief, insofar as relevant is that, on 10.07.1998, appellant-Baru Singh and mediator Jaswinder Kaur again visited the village Gobindpura. Ex-Sarpanch Niranjan Singh(PW6) also came there. On their assurance, the complainant had sent his daughter along with Baru Singh and Jaswinder Kaur to her matrimonial home. On 12.07.1998, the complainant, Jugraj Singh son of Joginder Singh and Niranjan Singh(PW6) had gone to village Bahadurpur, to know about the welfare of Baljinder Kaur. As soon as, they reached her matrimonial home, in the meantime, he(complainant) noticed that Baljinder Kaur was lying on a cot and was struggling with her life. She breathed her last in their presence. After seeing them, appellants-convicts Baru Singh and his father Mehar Singh had fled away from the place of occurrence.

(3.) Levelling a variety of allegations and narrating the sequence of events in detail, in all, the complainant claimed that the accused have administered some poisonous substance to his daughter and she died an unnatural death within a period of one year of her marriage. She was subjected to cruelty and harassment by her husband and father-in-law in connection with and on account of demand of dowry. Thus, they have committed the offence of dowry-death. In the background of these allegations and in the wake of statement(Ex.PA) of the complainant, the present criminal case was registered against the appellants-convicts Baru Singh(husband) and his father Mehar Singh(father-in-law), vide FIR No.66 dated 12.07.1998(Ex.PA/2), on accusation of having committed the offences punishable under Sections 304-B/109/34 IPC, by the police of Police Station Bareta, District Mansa, in the manner described here-inabove.