BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by the Appellants against the judgment and order dated 31.8.1992 passed by learned Additional Sessions Judge, Sangrur, vide which they were convicted and sentenced to undergo RI for five years with a fine of Rs. 2.000/ - under Section 306 I.P.C. In default of payment of fine, the defaulter was further sentenced to undergo RI for six months.

(2.) THE prosecution story, in brief, is that a complaint was lodged by Nirmal Singh with the Police Station, Nabha, to the effect that his sister Balbir Kaur @ Jasbir Kaur was married with Balwinder Singh son of Malkiat Singh about 8 years back. Out of this wedlock, two sons and one daughter were born. On August 1990, he went to see his sister in Village Lasoi and after staying there for a night came back at about 9.30 A.M. At about 1.30 P.M., Mukhtiar Singh son of Surjit Singh and Dashan Singh of Lasoi came to him and told that his sister had been suffering from fits and they had come to take him to get her admitted in the hospital. However, by the time Nirmal Singh and his mother Gurdev Kaur could reached Village Lasoi, Balbir Kaur had died. Complainant Nirmal Singh suspected that his sister was poisoned and he requested that post mortem be got conducted on her body. His statement Ex. PG was recorded by SI Gurmel Singh. Another complaint was submitted by complainant Nirmal Singh to SSP, Sangrur on 10.9.1990, Ex. PH to the effect that in -laws of deceased Balbir Kaur were making repeated demands of dowry and were mal -treating and subjected her to cruelty. This fact was within the knowledge of Gram panchayats of Villages Maraur and Lasoi. When on August 20, Karam Singh, brother of the complainant, had gone to village Lasoi, mother in law of his sister demanded Rs. 10,000/ - When he again visited the house of his sister on 31st of August, Kulwant Kaur and her daughter Sinder Kaur repeated the demand of Rs. 10,000/ - and on 1st of September, 1990, when he returned to Maraur, he was informed about the occurrence by the neighbours. On the basis of this complaint, SSP ordered the DSP (HQ) to conduct an enquiry. Sh. S.S. Chhina, DSP, conducted the enquiry and submitted his report on 20.9.1990, on the basis of which FIR, Ex. PK, against the accused was registered. The investigation of the case was entrusted to SI Gurmel Singh, who arrested the accused.

(3.) TO prove the case, the prosecution examined PW1 Dr. Charanjit Singh, PW2 Gurnam Singh, PW3 complainant Nirmal Singh, PW4 Joginder Singh, PW5 Sukhdev Singh Chhina, Superintendent of Police and PW6 SI Gurmel Singh.