GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and the order of sentence dated 5.3.2001, passed by the learned Sessions Judge, Gurdaspur, whereby the appellant, Gurnam Singh, was held guilty for having committed the offence punishable under Section 304-B, IPC, and ordered to undergo rigorous imprisonment for ten years besides payment of fine of Rs. 1,000/- and in default thereof to undergo further rigorous imprisonment for three months.

(2.) Brief facts of the case are that the marriage of the appellant, Gurnam Singh, was solemnized with Kulwant Kaur @ Gurmit Kaur (since deceased), daughter of Jagir Singh (PW4), resident of Village Khokhar, about six years prior to 17.1.1996, the day on which Kulwant Kaur @ Gurmit Kaur had died after consuming Aluminum Phosphate. Before marriage, Gurmit Kaur was used to be called by the name of Kulwant Kaur. Gurnam Singh was an employee with the Punjab State Electricity Board. The appellant started maltreating Kulwant Kaur @ Gurmit Kaur for having brought inadequate dowry. Few demands of the appellant were fulfilled by Jagir Singh (PW4).

(3.) Dalbir Kaur (PW5) was an aunt (Mausi/sister of mother) of Kulwant Kaur @ Gurmit Kaur, whose marriage was also solemnized in Kaler Kalan, the village of the appellant. On 17.1.1996, she (Dalbir Kaur) informed Jagir Singh (PW4) that Kulwant Kaur @ Gurmit Kaur had consumed some poisonous substance and she was admitted in the Dhillon Hospital at Dhariwal. Jagir Singh (PW4) reached the said hospital and at the instructions of Dr. Baldev Singh Dhillon (PW8), shifted Kulwant Kaur @ Gurmit Kaur to Civil Hospital, Gurdaspur, where she died on the same day. The information was sent to the police and, as such, SI Janak Raj (PW10) along with other police officials reached the Police Station, City, Gurdaspur, and collected the written request received from the Civil Hospital, Gurdaspur, regarding the death of Gurmeet Kaur and thereafter visited the Civil Hospital, Gurdaspur. Statement (Ex.PF) of Jagir Singh (PW4) was recorded, wherein he disclosed about the demand of dowry and the harassment meted out to his daughter Kulwant Kaur @ Gurmit Kaur at the hands of the appellant. Contents of the statement (Ex.PF) were read over and explained to Jagir Singh (PW4) and he after admitting the same to be correct had put his signatures at point Ex.PF/3 beneath his statement. SI Janak Raj (PW10) made his endorsement (Ex.PF/2) and sent the statement to the Police Station, Dhariwal, through Constable Saroop Singh for registration of the case, on the basis of which formal FIR (Ex.PF/1) was recorded by ASI Joginder Singh (not examined).