JASPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 20.09.2003, passed by learned Addl. Sessions Judge, Sangrur, whereby the accused -appellant was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years under Section 304 -B I.P.C. and to further undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months under Section 498 -A I.P.C. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that on 18.09.2001, complainant Charan Kaur wife of late Sh. Amarjit Singh got recorded her statement to Sub Inspector Ajaib Singh, in which she stated that she has three sons and two daughters including Sukhwinder Kaur. The marriage of her daughter Sukhwinder Kaur had been solemnized with accused Jaspal Singh about 2 1/2 years back and a son was born out of the wedlock. She further stated that at the time of marriage, she gave sufficient dowry to her daughter but her son -in -law Jaspal Singh was not happy with the dowry given. Soon he started demanding some cash money as he wanted to purchase a truck for himself as he is driver by occupation. The accused used to beat Sukhwinder Kaur and she came to live with her (complainant). Sukhwinder Kaur resided with her mother for quite some time. About three months before the occurrence, accused Jaspal Singh came to the house of the complainant and in the presence of respectable of the village, confessed his fault, apologized to them and assured them in future he will not maltreat Sukhwinder Kaur. Believing the bona fide of Jaspal Singh, complainant sent Sukhwinder Kaur with Jaspal Singh. On 18.09.2001, at about 5.00 P.M., the complainant received a message through Nazar Khan regarding the burn injuries received by Sukhwinder Kaur and thereupon the complainant along with respectable of village, went to the house of the accused and found her daughter lying dead in complete burnt condition. A kerosene oil stove was lying nearby. She alleged her death due to maltreatment on the part of accused for failure to arrange more dowry for the accused. Ruqa was sent to the police station for lodging FIR. Inquest report and site plan were prepared. Statements of witnesses were recorded. Post mortem examination was got conducted on the dead body. After necessary investigation, challan was presented against the accused -appellant.

(3.) IN support of its case, prosecution examined PW -1 Dr. Jameel Bhatti, who conducted post mortem examination and opined that cause of death was 100% burns all over the body. He further deposed that body was emitting smell of kerosene oil. The burn injures were ante -mortem and sufficient to cause death in ordinary course of nature. PW -2 Constable Daljit Singh and PW -3 Head Constable Karamjit Singh, are formal witnesses, who tendered into evidence their affidavits Ex. PD and PE respectively. PW -4 Charan Kaur, complainant deposed as per prosecution version. PW -5 Major Singh, uncle of Sukhwinder Kaur, who accompanied complainant Charan Kaur to the village after getting information regarding burn injuries received by Sukhwinder Kaur, also deposed as per prosecution version. PW -6 SI Bahadur Singh, who was with the police party, deposed regarding the investigation of the case. PW -7 Jarnail Singh, Panch, who had also accompanied Charan Kaur to the village on getting information, also made similar statement as made by PW -5. PW -8 Pawan Kumar, Photographer deposed regarding photographs Ex. P5 to Ex. P20 and proved negatives Ex. P21 to P26. PW -9 SI Ajaib Singh, is the Investigating Officer, who deposed regarding investigation conducted by him in the present case. PW -10 Amrik Singh, Draftsman, proved scaled site plan Ex. PO.