JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HAVING been convicted and sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 5000/ - and in default of payment of fine further rigorous imprisonment for 06 months under Section 306 of the Indian Penal Code, 1860 (for short,''IPC") and rigorous imprisonment for 02 years and a fine of Rs. 5000/ - and in default of payment of fine further rigorous imprisonment for 06 months under Section 498 -A, IPC, by the learned Sessions Judge, Kapurthala, vide judgment/order dated 09.04.2002 passed in Sessions Case No. 50 of 11.09.2000, convict Jagir Singh has invoked, by way of the instant appeal, the provisions of sub -section (2) of Section 374 of the Criminal Procedure Code, 1973 (for short, "Cr.P.C") to impugn correctness of the findings of conviction and consequent award of punishment to him and to seek his acquittal.

(2.) STATE is contesting the appeal.

(3.) FACT situation giving rise to the appeal at hand suggests that First Information Report (for short, "FIR") No. 89 dated 23.06.2000 (Exhibit PW5/A) was recorded at Police Station, Sadar, Kapurthala, under Sections 304 -B/34, IPC, on the statement, Exhibit PA, of PW Gurnam Singh, father of deceased, Sarabjit Kaur, arraigning the appellant and his mother, Nasib Kaur as accused, on the allegations that the deceased was married to the appellant about three and a half years before her death; of the wedlock, one female child was born; one year prior to the occurrence, deceased had told him and his wife that members of her matrimonial family were pressurizing her to ask for hand of daughter of complainant's brother, Gian Singh for appellant's younger brother, Rajinder Singh; refusal of Gian Singh, to accede to the proposal annoyed the appellant and members of his family and, as such, they started torturing the deceased and warned her that they would throw her out of the connubial habitat if the aforesaid relationship did not materialize; she was not served proper food even; on 18.06.2000 appellant and the deceased came to his (complainant's) place where appellant told him that either he (the complainant) got Gian Singh's daughter married to his younger brother or keep the deceased with him; however, the appellant was pacified and was made to return to her nuptial abode along with the deceased; in the morning of 23.6.2000 he received a telephone call from appellant Jagir Singh revealing that the deceased was seriously ill and was admitted in Civil Hospital, Kapurthala; he accompanied by his cousin went to said hospital and found that deceased was lying dead there; and that the deceased had died of taking some poisonous substance.