BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALJINDER Singh and Seeso accused -appellants have directed the present appeal against the judgment and order dated 17.09.2003 passed by Shri S.N.Aggarwal, the then learned Sessions Judge, Jalandhar vide which accused/appellants stood convicted under Sections 498 -A and 304 -B of the Indian Penal Code (in short the IPC) and sentenced to undergo rigorous imprisonment for a period of eight years each and to pay a fine of Rs. 2000/ - each, in default thereof to further undergo rigorous imprisonment for a period of three months under Section 304 -B of the IPC and to further undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs. 500/ - each and in default thereof to further undergo rigorous imprisonment for a period of one month under Section 498 -A of the IPC. Both the sentences were however, ordered to run concurrently.

(2.) THE prosecution story in brief is that Kamljit Kaur deceased was married to Baljinder SIngh alias Tony (accused) about 21/2 years prior to the occurrence. Dowry was given to her by her father to his capacity and one week after the marriage of Kamaljit Kaur, her father Balbir Singh had gone Behrin. After marriage, Baljinder Singh and his mother Seeso accused asked Kamaljit Kaur that they need money for defending litigation regarding land and asked her to bring Rs. 10,000/ - from, her parents. On the demand of Kamljit Kaur, Gurmukh Singh complainant and his aunt Avtar Kaur borrowed money of Rs. 10,000/ - from the relative and had given the same to Baljinder Singh. Thereafter, Baljinder Singh and his mother Seeso continued asking Kamaljit Kaur to bring more money/articles from her parents. When Kamaljit Kaur told her in laws that her parents had spent enough on her marriage and even thereafter they had made payment of Rs. 10,000/ - to them, they were unable to pay more. For this reason, Baljinder Singh and his mother Seeso started harassing Kamaljit Kaur and they had also quarreled with Kamaljit Kaur many times. Whenever Kamaljit Kaur told the complainant and her mother about their behaviour, they used to persuade Kamaljit Kaur to bear with it and they used to finish the matter by persuasion.

(3.) IT is further alleged that on 31.7.2001 at about 11a.m., Baljinder Singh and his mother Seeso accused had come on Tata Sumo bearing registration No. PB -08 -V -2533 and brought Kamaljit Kaur to his house in village Dhaliwal. At that time, Kamaljit Kaur was semi conscious. Baljinder Singh and his mother Seeso accused told them that Kamaljit Kaur had consumed poison and they had taken Kamaljit Kaur to Doctor Khera in Nurmahal and from there they took her to Nakodar in Civil Hospital. The doctor gave first aid and then referred Kamaljit Kaur to Civil Hospital, Jalandhar. Accused told them that they had come to take the complainant with them. On this Gurmukh Singh complainant his aunt Avtar Kaur and his Taya (uncle) Gurmej Singh sat in Tata Sumo alongwith Baljinder Singh and his mother and took Kamaljit Kaur to Civil Hospital, Jalandhar but the doctor informed them that Kamaljit Kaur had died. On the basis of aforesaid statement, FIR was got recorded. Post mortem examination was got conducted. Statements of the prosecution witnesses were recorded. After completion of necessary investigation challan against the accused was presented in the Court.