CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AMOLAK Singh and his wife Smt. Harbans Kaur were sent up for trial alongwith their son Charanjit Singh appellant. However, Amolak Singh and Harbans Kaur the parents were given benefit of doubt and acquitted. Charanjit Singh the husband now appellant has been convicted for offence under Sections 304 -B and 498 -A of the Indian Penal Code and sentenced by the learn Additional Sessions Judge, Ludhiana vide judgement dated 22.9.1993 to imprisonment for life on the first count. No. Separate sentence was passed against the appellant for his conviction under Section 498 -A, I.P.C. for the reason that substantive sentence has been awarded under Section 304 -B I.P.C., which is a major offence.

(2.) CHARANJIT Singh has filed Criminal Appeal No. 396 -DB of 1993 against his conviction and sentence. The State of Punjab has attempted Criminal Appeal No. 96 -DBA of 1994 against the acquittal in which leave to appeal was granted. The complainant also filed Criminal Revision No. 203 of 1994 against the acquittal and for enhancement of the sentence. Since all the matters arise out of same incident, these are being disposed of by this single judgement.

(3.) THIS is case of dowry death. Deceased in this case is Smt. Jaswinder Kaur. She was the daughter of Amar Singh PW -2 village Tungaheri. She was married to appellant Charanjit Singh, resident of village Mundian Kalan about 6 or 7 months prior to the present occurrence which took place on 8.6.1990. On the same day the other sister of deceased, namely, Smt. Manjinder Kaur was also married to Piara Singh of village Rajowal. After the marriage the deceased started living with appellant Charanjit Singh in the house where his parents also resided. It is alleged that at the time of marriage the accused had put up a demand for a scooter in dowry. Amar Singh PW -2, however, could not fulfil this demand. At that time the relatives of Amar Singh PW -2 including Jagan Singh PW -5 who had come to attend the marriage, had advised Amar Singh PW -2 not to send Smt. Jaswinder Kaur deceased with the appellant on the apprehension that the demand may be repeated at any time in future as well. However, Amar Singh PW -2 did not pay any heed to their advice, whereunder they felt annoyed and left his house before the departure of doll. It is alleged that after sometime of the marriage the accused had started repeating the demand for a scooter and pressed the deceased to get the one from her parents. This was disclosed by Smt. Jaswinder Kaur to her parents in the presence of PW -4 Smt. Jagir Kaur and Kartar Singh when she was brought by Amar Singh PW -2 in his house in village Tungaheri about a month prior to her death. After staying with her parents for about 6 or 7 days she accompanied her father Amar Singh PW -2 and reached the house of her in - laws in village Mundian Kalan.