KASHMIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The facts leading to the filing of the present appeal are as under :

(2.) Darshana alias Darshan Kaur daughter of Joginder Singh resident of Village Nandpur was married to Ravail Singh son of Gian Singh about 11 months before the incident. As per the prosecution story, Joginder Singh had given sufficient dowry at the time of the marriage but Jagir Kaur (since deceased) the mother-in-law of Darshana made a further demand of Rs. 30,000.00 besides a Stereo and a Scooter from Darshana. Joginder Singh accordingly promised to give Rs. 30,000.00 in cash after the harvest. Jagir Kaur, however, started maltreating Darshana pressurising her to bring the promised amount immediately. She accordingly returned to her parental home three days prior to the incident and requested her father to pay the amount, on which Joginder Singh told her that he would be visiting to her in-laws house within 3-4 days with Rs. 30,000.00 in cash. On the morning of 3.11.1987, Jagir Singh (PW-3) observed the accused torturing Darshana and soon after received the information that she had died. Jagir Singh then went to village Nandpur and informed Joginder Singh that Darshana had died and her dead body was lying in the Civil Hospital, Tarantaran. Joginder Singh accordingly reported the matter to the police, on which an FIR, Exh. PE/2, under Sections 304-B/34 and 498-A of the Indian Penal Code was registered against Lakha Singh, brother of Ravail Singh, Kashmir Kaur, Lakha Singh's wife and Jagir Kaur. Jagir Kaur has, in the meanwhile, died.

(3.) In order to prove its case, the prosecution examined PW Dr. Karamjit Singh, who had conducted the post mortem examination on the dead body and found several abrasions on it and after receiving the report of the Chemical Examiner, Ex.PG, recorded a finding that death had been caused by poisoning; PW2 Joginder Singh, father of the deceased, who stated to the circumstances leading to the mal-treatment and frequent demands for dowry; PW3 Jagir Singh, who had seen the accused torturing Darshana and had sent the information to Joginder Singh that Darshana had died; PW5 SI Surinder Singh, who had recovered a letter, Ex PH, from the brassier of the deceased which stated to her ill-treatment.