LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution story is as under : -

(2.) RAKHPAL Kaur daughter of Ajmer Singh was married to accused Lakhwinder Singh of Village Chotian and at the time of marriage, Ajmer Singh had given dowry as per his capacity. Lakhwinder Singh, his mother Mukhtiar Kaur and his father Nachhattar Singh, however, were not satisfied with what had been given and maltreated Rakhpal Kaur on that account. They also demanded a sum of Rs.50,000/ - out of which Rs.5,000/ - was ultimately paid by Ajmer Singh while taking his daughter to the village to Nachhattar Singh. Two days prior to her death. Ajmer Singh left Rakhpal Kaur at her matrimonial home and also paid an additional amount of Rs. 10,000/ - to Nachhattar Singh and when he was leaving, Rakhpal Kaur told him to return shortly and to pay the remaining amount, failing which the accused would kill her. At about 7.00 A.M. on 30.8.1992, Ajmer Singh along with Sadhu Singh went to village Chotian to visit Rakhpal Kaur and found her lying on a cot along with her baby girl. On seeing them, Rakhpal Kaur cried out that she had been administered poison and soon thereafter she as well as her daughter expired. Leaving Sadhu Singh near the dead body, Ajmer Singh returned home to his village to inform his family and again returned to village Chotian at about 5.00 A.M., the next day and lodged the report with the police, leading to the registration of an FIR at 9.05 A.M. on 31.8.1992. ASI Gurpal Singh thereafter visited the place of incident and made the necessary inquiries and also sent the dead bodies for the postmortem examinations. The three accused were arrested and were committed to the Court of Sessions to stand trial for the offences punishable under Sections 498 -A, 302 or in the alternative under Section 304 -B of the Indian Penal Code. The accused denied the allegations levelled against them, pleaded false implication and claimed trial.

(3.) THE prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure. They denied the allegations levelled against them. In addition, Lakhwinder Singh took the plea that he had not been married to Rakhpal Kaur. He further stated as under : -