PARMINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE by the present appellant is to the judgment and order dated 19.7.2003 passed by Ah. A.S. Kathuria, Additional Sessions Judge, (Fast Track Court), Ludhiana vide which the accused -appellant has been convicted under Section 304 -B IPC and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs.7000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of two years whereas other co -accused Satpal, Raj Rani, Sandeep Kumar @ Sonu and Akesh Bala were acquitted.

(2.) THE law was set in motion by recording the statement of Pardip Kumar brother of deceased Shivani who has stated that Shivani was married on 11.10.1999 with accused Parminder Kumar son of Satpal now appellant. At the time of marriage, dowry articles were given according to the capacity of the family. However, the accused were not satisfied with the dowry articles and used to harass and demand more dowry from the parents of Shivani. Since those demands could not be met, the accused used to turn her out from matrimonial home after giving beating. Shivani used to tell her condition to her parents and brother. Every time, Shivani was sent back after consolation. The complainant Pardip Kumar visited the house of the accused person and he requested them not to harass Shivani as they were unable to give more dowry articles but in vain. The complainant further stated that on 7.2.2000 at 10.30 p.m., he received a telephonic message from in -laws family of Shivani that she was admitted in DMC Hospital, Ludhiana in serious condition on account of some poisonous material taken by her. On receipt of information, Pardip Kumar complainant, his brother Hardip and friend Gora Lal reached DMC Hospital, Ludhiana where she was lying in unconscious condition. She died in the hospital on 9.2.2000 at 4 a.m. The complainant has further stated that poisonous material has been administered to Shivani by the accused.

(3.) ON the basis of statement of Pardip Kumar, formal FIR under Sections 304 -B and 498 -A IPC was registered against the appellant and other accused. The Doctor opined that Shivani died due to poisonous substance. After completion of the investigation, challan was presented against the appellant, Satpal and Raj Rani.