SHAKUNTLA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHAKUNTALA Rani appellant has come up in appeal against her conviction under section 306 of the Indian Penal Code recorded by the Additional Sessions Judge, Hoshiarpur, vide his order dated 25th January, 1983. The learned trial Judge sentenced the appellant to rigorous imprisonment for four years and a fine of Rs. 750/-, in default further rigorous imprisonment for three months. The other two co-accused of the appellant, namely, Kharaiti Ram her husband and Seema Rani her daughter were also tried along with her but were acquitted since the charge against them did not stand proved beyond reasonable doubt. Banarsi Dass has filed Criminal Revision No. 484 of 1983 for the enhancement of the sentence awarded to the appellant. Both the appeal and the revision would be disposed of by this judgment.

(2.) THE prosecution case in short is that Sudesh Kumari (since deceased) was married to Narinder Kumar son the present appellant. A lot of money was spent by her father Shri Mohan Lal Dhir on her marriage which took place in June, 1981, but the appellant and her co-accused were not happy as they thought that the dowry brought by the deceased was insufficient. The appellant and her co-accused wanted a television set to be given to Narinder Kumar aforesaid for which an amount was also given to him by Subhash brother of Sudesh Kumari deceased. In spite of all this appellant and her co-accused used to taunt and harass her. PW2 Banarsi Dass, an uncle of the deceased, was informed by Narinder Kumar's younger brother on 19th May, 1982, at 7 P.M. that Sudesh Kumari had gone upstairs to sweep the room and was found dead at about 10 or 11 a.m. On 20th May, 1982 Shri Banarsi Dass and his brother Mohan Lal Dhir reached Mukerian at about 3.30 a.m. and found Sudesh Kumari dead and made an application, Exhibit PG, to the police on the basis of which a formal first information report was recorded at Police Station Mukerian, at 2.30 p.m. on 20th May, 1982.

(3.) THE appellant and her co-accused were sent up for trial after due investigation.