JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 23.01.2004, vide which appellant Joginder Singh has been held guilty and convicted for the offence punishable under Section 304-B of Indian Penal Code (hereafter called the 'IPC') and the order on quantum of sentence of the even dated vide which he was sentenced to undergo rigorous imprisonment for a period of eight years and to pay a fine of Rs. 5000/-, in default of payment of fine he was further ordered to undergo rigorous imprisonment for a period of six months.

(2.) The case of the prosecution in nutshell is that Balwinder Kaur, the daughter of complainant Mohinder Singh was married about four years back with appellant Joginder Singh. The complainant had given sufficient dowry in the marriage as per his capacity. Two children i.e. one male and one female were born from this wedlock. Female child namely Gagandeep Kaur died, who was one and half years of age. Male chile namely Kamaljit Singh was aged about one year. Since the marriage, the in-laws of Balwinder Kaur use to beat her and were demanding the dowry. But, complainant was not in a capacity to give more dowry. On 17.06.2002, Balwinder Kaur alone came to her parental house at village Chakku Ladana and told that her in-laws were demanding the motorcycle and were saying that if motorcycle and money is not brought by her, she will be killed. The complainant asked her not to worry and he will patch up the matter with her in-laws. On 18.06.2002, Sahib Singh, the son of the complainant left deceased Balwinder Kaur at the house of appellant Joginder Singh in village Dhanetha. On 19.06.2002, appellant Joginder Singh, the son-in-law of the complainant went to the house of PW-6 Lakha Singh, the co-brother of the complainant and told that his wife Balwinder Kaur does not do any household work and the smell of medicines is being emitted in the house. Thereafter, appellant Joginder Singh went back to his village. This fact was told to the complainant by Lakha Singh. On 22.06.2002, at about 10.00 a.m, Lakha Singh telephonically informed the complainant that four persons of village Dhanetha had visited him and told that Balwinder Kaur had died. On hearing this, he along with his sons Joga Singh, Fateh Singh, his brother Wirsa Singh and Gurmukh Singh son of Gian Singh came to village Dhanetha and saw that Balwinder Kaur was lying dead in the house. There were injury marks on her back. The complainant pleaded that his daughter has been killed by appellant Joginder Singh, Hardial Singh, Sukhdev Singh, Santokh Singh, Jagir Kaur, Manjit Kaur @ Parkash Kaur and wife of Sukhdev Singh and his two elder daughters in-connivance with Sukhdev Singh @ Kala resident of village Chmjingarh.

(3.) Si Virsa Singh visited the spot. He prepared the inquest report EX.P-7. The dead body of Balwinder Kaur was sent for postmortem examination through ASI Sukhwinder Singh vide application Ex.P-8. SI Virsa Singh prepared the rough site plan of the place of occurrence.