CHINT KAUR AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred by the accused Chint Kaur wife of Sher Singh and Harbans Singh son of Sher Singh who have been convicted for offences punishable under Sections 304B and 498A IPC by learned Additional Sessions Judge, Fatehgarh Sahib vide impugned judgment and order dated 05.08.1996. They have been sentenced to undergo rigorous imprisonment for seven years, besides, pay a fine of Rs. 2,000/ - and in default thereof, to further undergo rigorous imprisonment for six months for offence punishable under Section 304B IPC and to undergo rigorous imprisonment for two years, besides, pay a fine of Rs. 1,000/ - and in default thereof, to further undergo rigorous imprisonment for three months for offence punishable under Section 498A IPC. Both the sentences were ordered to run concurrently.

(2.) THIS Court vide judgment dated 08.05.2007 had disposed of this appeal while reducing the sentence imposed upon appellant No. 1 - Chint Kaur to that of having already undergone keeping in view the fact that she was 76 years of age at that time and her being in evening of life, no useful purpose would be served to send her in custody to undergo rest of the imprisonment. Appeal qua appellant No. 2 - Harbans Singh had been dismissed. Harbans Singh approached Hon'ble Supreme Court by way of Crl. Appeal No. 820 of 2008 challenging his conviction and sentence. Hon'ble Supreme Court on 27.11.2013 set aside the impugned judgment and order dated 08.05.2007 of this Court qua appellant - Harbans Singh and remanded the matter while observing as under: - -

(3.) PROSECUTION in this case was set in motion on the statement, Ex. PG recorded by complainant - Harinder Singh son of Gurbachan Singh before ASI Rajinder Pal on 27.06.1988 to the effect that he was a Supervisor working with the Telephone Exchange, Sector 17, Chandigarh having three daughters and a son. All his children were married. Marriage of his younger daughter Manjit Kaur (deceased) was solemnized with appellant -accused Harbans Singh son of Sher Singh about two months prior to the occurrence. After about 15 days of the marriage, Harbans Singh, accused left his daughter Manjit Kaur at his house i.e., her parental home where she remained for about 14/15 days. His daughter Manjit Kaur revealed that her husband Harbans Singh and brother -in -law (Jeth) Balbir Singh ill -treated her and demanded dowry. Her mother -in -law Chint Kaur and sister -in -law (Jethani) Devinder Kaur taunted her for bringing less dowry and she would not go to her in -laws' house because of this ill -treatment. However after making everyone understand, he sent Manjit Kaur back to her matrimonial home. About 10 -12 days prior to the occurrence, Harbans Singh accused again brought back his daughter on the pretext that she was ill and there was no qualified doctor in their village to treat her. His daughter revealed that she was not suffering from any illness and it was only an excuse for demanding more dowry. About 3/4 days earlier to the occurrence, he sent back his daughter with accused Harbans Singh while giving Rs. 4,000/ - at that time. On 27.06.1988 Balbir Singh, brother -in -law of the deceased informed the complainant that his daughter Manjit Kaur had died. On receiving this news, he alongwith his family members and others came to village Rupal Heri where Manjit Kaur was lying dead. He alleged that his daughter had ingested some poisonous substance due to ill -treatment meted out to her by her husband Harbans Singh (appellant), mother -in -law Chint Kaur, brother -in -law (Jeth) Balbir Singh and sister -in -law (Jethani) Devinder Kaur. On the basis of this statement, FIR No. 23 dated 27.06.1988 (Ex. PG/2) was recorded by SI Karnail Singh. ASI Rajinder Pal alongwith other police officials and the complainant proceeded to the spot. Site plan (Ex. PK/1) was prepared. Inquest report (Ex. PD) was also prepared. Dead -body of Manjit Kaur was sent to Civil Hospital, Bassi Pathana for conducting post -mortem examination. As per postmortem report (Ex. PA) cause of death was to be ascertained after receipt of the chemical examiner's report. As per Chemical Examiner's report (Ex. PB) aluminium phosphide was detected in the viscera of deceased. It was opined by PW1 Dr. S.P. Garg, Senior Medical Officer, Civil Hospital, Bassi Pathana that cause of death was poisoning due to aluminium phosphide (Ex. PB/1).