SUKHMANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 21.04.2004, vide which appellant Sukhmander 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 seven years and to pay a fine of Rs. 2000/-, in default of payment of fine he was further ordered to undergo rigorous imprisonment for a period of two months.

(2.) In brief the facts of the prosecution case are that Amarjit Kaur @ Simranjit Kaur, the daughter of complainant Nagaur Singh PW-2 was married with appellant Sukhmander Singh about one year and three months prior to the occurrence. The complainant has given sufficient dowry at the time of marriage even beyond his capacity. But, soon after the marriage, the accused started raising the demand of more dowry and started maltreating and harassing the victim. She use to tell the complainant as well as other family members whenever she use to visit their house in respect of their maltreatment. But, every time, they use to send her back. The appellant has sold the scooter given to him in dowry about eight months back and thereafter, he put-forward a demand of Rs. 20,000/- and asked the deceased Amarjit Kaur @ Simranjit Kaur to bring the same from her parents. The deceased disclosed these facts to the complainant and asked that the said demand raised by the appellant should be fulfilled, otherwise she would be done to death. But, he made the deceased to understand and sent her back to the matrimonial house with the assurance that he would arrange for the money and bring that to her in-laws house and further that he would also take up the matter in this regard with the appellant. He could not arrange for the money. On 15.01.2001, at about 2.30/ 3.00 p.m, he accompanied by his brother Nachattar Singh went to village Dune Wala to meet his daughter.

(3.) During the investigation, ASI Avtar Singh visited the place of occurrence and prepared the inquest report Ex.PC. The dead body of Amarjit Kaur @ Simranjit Kaur was sent for postmortem examination. The Investigating Officer took into possession the Parna vide memo Ex.PE. After the postmortem examination, a parcel containing the clothes of the deceased were produced before the Investigating Officer, which were taken into possession by him.