BALDEV SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 30.7.2003 vide which the appellants were held guilty and convicted for the offence punishable under Section 304 -B of the Indian Penal Code (hereinafter referred to as 'the IPC') and the order on the quantum of sentence of the even date vide which all the four appellants were sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 1,000/ - each. In default of payment of fine, they were further ordered to undergo imprisonment for a period of six months each.

(2.) THE brief facts of the prosecution case are that PW -7 Kulwinder Singh, the father of deceased Amandeep Kaur, made the statement on 14.6.2000 before Sub Inspector Malhar Singh, SHO P.S. Valtoha alleging that he had two daughters. His younger daughter Amandeep Kaur, aged about 20 years, was married with appellant -Baldev Singh about 7 months prior to the occurrence. That he had given the dowry as per his status at the time of marriage but her husband Baldev Singh, her father -in -law Hari Singh, her mother - in -law Palwinder Kaur and her sister -in -law (Nanad) Manjit Kaur were not satisfied and they started taunting and torturing her on account of the inadequate dowry brought by her. That about one month earlier appellant -Baldev Singh and his parents had turned out Amandeep Kaur from the matrimonial house after giving severe beatings. Amandeep Kaur reached her parental house and told them the entire story of her harassment at the hands of her in -laws. She narrated that her in -laws were forcing her to bring Maruti car from her parents. He assured his daughter to give the Maruti car after the wheat crop was reaped. After about 5 -6 days at the asking of PW -6 Palwinder Singh, Sarpanch of their village, he (complainant) sent his daughter in the house of her in -laws along with her husband Baldev Singh and his father -in -law Hari Singh when they had come to their house. That on 14.6.2000 at about 5 P.M, the complainant along with his brother Angrej Singh (PW -8) had gone to the house of the in -laws of his daughter in order to meet her. When they reached in the Behak of her in -laws, they saw Amandeep Kaur lying on a cot and she told them that on that day, her mother -in -law appellant -Palwinder Kaur, sister -in -law appellant -Manjit Kaur, father -in -law appellant -Hari Singh (now deceased) and her husband appellant - Baldev Singh had given her beatings and she was having acute pain in her body. That her husband Baldev Singh had administered something to her in a glass of water as a result of that her condition was further deteriorated and she became unconscious while talking and she died before his eyes. The complainant alleged that her daughter has been killed by the appellants for not fulfilling the demand of dowry. The statement of complainant Kulwinder Singh Ex.PL was recorded by the Investigating Officer PW -9 SI Malhar Singh on the basis of which the formal FIR Ex.PL/1 was registered and investigation was started.

(3.) ON the basis of an application moved by the learned Public Prosecutor under Section 319 Cr.P.C, appellant -Hari Singh and Manjit Kaur were also summoned to face the trial vide order dated 21.12.2000 passed by the then learned Sessions Judge, Amritsar.