HARDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed to challenge the judgment of conviction and order of sentence dated 13.10.2003 passed by learned Sessions Judge, Gurdaspur, whereby, the accused-appellant has been convicted for offence punishable under Sec. 498-A of Indian Penal Code (for short 'IPC') and sentenced to undergo RI for a period of three years and to pay fine of Rs. 2000.00 with default clause.

(2.) Briefly, the facts of the prosecution version are that on the basis of statement made by complainant-Roshan Singh, who is father of deceased-Lakhwinder Kaur, FIR No. 237 dated 31.12.2000 was registered under Sec. 304-B Penal Code at Police Station City Division No. 1, Pathankot. As per allegations in the FIR, complainant gave adequate dowry at the time of marriage of his daughter as per his financial capacity but her daughter was maltreated by her husband Hardip Singh, mother-in-law Paramjit Kaur and father-in-law Surinder Singh. She was given beatings for compelling her to bring more dowry articles and was even turned out from her matrimonial home. On 29.12.2000, his daughter informed telephonically that she was subjected to beatings and compelled to bring Rs. 50,000.00. Thereafter, on 30.12.2000, she was admitted in civil hospital in unconscious condition. An intimation was also sent to the complainant regarding admission of his daughter in the hospital and ultimately, she died on the same day. A complaint was made to the Police on 31.12.2000 against husband, father-in-law and mother-in-law. Challan was presented under Sec. 304-B Penal Code and charges were also framed against accused persons, to which they pleaded not guilty and claimed trial. Copies of the documents as envisaged under Sec. 2- 7 Crimial P.C. were supplied to the accused persons.

(3.) The prosecution examined complainant as PW1, Smt. Bimla Dogra, President Akhil Bhartiya Mahila Parishad, Pathankot as PW2, Janak Singh Draftsman as PW3, Sukhjit Singh as PW4, Tirath Singh as PW5, Hazara Singh Sarpanch as PW6, HC Kulwinder Singh as PW7, C.Ashok Kumar as PW8, ASI Avtar Singh, Investigating Officer as PW9, Dr. Dharam Vir Pathania as PW10 and HC Dilbagh Singh No. 321 as PW11 to prove its case.