BALKAR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal lays challenge to the judgment of conviction and order of sentence dated 27.5.2000 whereby Balkar Singh, Palwinder Kaur wife of Balkar Singh and Jasbir Kaur wife of Major Singh have been convicted and sentenced for the offence punishable under Sections 304-B and 498-A of the Indian Penal Code (in short "IPC"), extracted hereinbelow:- <FRM>JUDGEMENT_978_LAWS(P&H)7_2014_1.html</FRM>

(2.) The present case pertains to death of Jatinder Kaur married to Gurbax Singh (since acquitted) on 10.2.1996. Jatinder Kaur sustained serious burn injuries on 14.10.1996 during her stay in the matrimonial home and ultimately succumbed to those injuries on 15.10.1996 when she was lying admitted in Guru Nanak Dev Hospital, Amritsar. Lakhwinder Singh, father of the victim suffered statement on 18.10.1996 alleging that the deceased was being maltreated/harassed as the accused were not happy with the dowry given at the time of marriage and they wanted more dowry in regard whereof, demand was raised since marriage of the deceased. Jatinder Kaur, on 14.10.1996, made a statement, recorded by Viney Kumari, Tehsildar, Amritsar implicating accused Balkar Singh, Palwinder Kaur and Jasbir Kaur for setting her on fire as the accused including her husband had been raising demand of dowry and resultant maltreatment meted out to her during her stay in the matrimonial home.

(3.) On completion of investigation, challan was presented in the Court for commencement of trial. As the offence under Section 304-B IPC is exclusively triable by the court of Sessions, the Judicial Magistrate committed the case to the said court.