STEPHEN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above-mentioned two criminal appeals, filed against the common judgment of conviction and order of sentence dtd. 19/4/2002, passed by the learned Additional Sessions Judge, Jalandhar, in Sessions Case No.70 of 2001, are taken up together for adjudication. The prosecution case emanates from the FIR No.35, dtd. 27/5/1999, registered under Ss. 363, 366, 306, 34 of the IPC at Police Station Goraya, District Jalandhar, Punjab.

(2.) The case of prosecution in brief is that the victim who was a student of B.A. Part - II, was abducted by the accused with an intent to compel her to marry the accused Stephen against her consent, on 19/5/1999 at about 8.00 PM. On the evening of 23/5/1999, the victim called her father telephonically and informed him that the accused Stephen had abandoned her at Ludhiana Bye Pass, from where she was brought back home. However, on the night intervening 26/27/5/1999 at about 11:00 P.M., the victim committed suicide by consuming sulphos (aluminum phosphide) tablets and leaving behind a suicide note naming accused Stephen responsible for her death. The victim at the time of her death was having conception of 2-3 weeks.

(3.) Prosecution named two persons as accused, namely Stephen as the main accused and Buta Singh as the co-accused, who acted in furtherance of a common intention with Stephen. Charges under Ss. 366/34 and 306 of the IPC were framed against the accused Stephen, while a charge under Sec. 366 with the aid of Sec. 34 of the IPC, was framed against the accused Buta Singh.