LAWS(P&H)-2004-2-57

KULDIP SINGH Vs. STATE OF PUNJAB

Decided On February 05, 2004
KULDIP SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) KULDIP Singh and his parents Balwant Singh and Gurmit Kaur of Lachowal were tried by learned Additional Sessions Judge, Hoshiarpur and vide judgment dated January 6, 1993 they were found guilty for offence under Section 304-B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years. Feeling aggrieved they have come up in appeal.

(2.) NIRANJAN Dass (PW-2) who was the complainant in the case has filed criminal revision for enhancement of sentence which is Criminal Revision No. 156 of 1993. The appeal as well as revision shall be disposal of by this common judgment.

(3.) ON January 7, 1992 Naranjan Dass came to know that Resham Kaur alias Paramjit Kaur had died. Naranjan Dass went to Lachowal and found his daughter's dead body lying in the baithak but the appellants were absconding from the house. Naranjan Dass suspected foul play and reported the matter to the police. Case was registered on the basis of his statement recorded by ASI Sucha Singh at 1.00 P.M. The F.I.R. was registered at 3.30 P.M. at Police Station Sadar, Hoshiarpur and investigation was commenced. ASI Sucha Singh (PW-4) visited the place of the occurrence accompanied by Naranjan Dass (PW-2) and found the dead body lying in the baithak of the house of the appellant. The Investigating Officer prepared inquest report, recorded the statements of the witnesses and sent the dead body for post mortem examination. Dr. Gurdev Singh (PW-1) conducted the post mortem on the dead body on January 8 at 10 A.M. The Medical Officer recorded the following findings in his report :- "The body was moderately built and moderately nourished of a young female wearing greyish jamper and salvar and white banyan, black and green shawl (flowered). Eyes and mouth were closed. Rigor Mortis was present in the lower limbs and diminishing in the upper limb had started. P.M. staining present on back and dependent parts. Lips and nail of hands cyanosed. Pleurae congested - both lungs congested. Pericardium congested. Stomach congested as such with its contents sent to the Chemical Examiner. Small and large intestines congested and a piece of each with contents sent to the Chemical Examiner. Bladder was empty. All other organs were healthy and as described in post mortem report."