SHAKTI AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HUSBAND and mother -in -law of the deceased Jyoti preferred this appeal against the impugned judgment dated 11.11.2003 rendered by Sh. O.P. Garg, the then additional Sessions Judge (adhoc), Fast Track Court, Patiala whereby each appellant was convicted for committing offence punishable under Sections 304 -B and 498 -A of Indian Penal Code (for short 'IPC'), vide order of even date they were sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 2,000/ - with default clause, for committing offence punishable under Section 304 -B IPC and rigorous imprisonment for 2 years and to pay a fine of Rs. 500/ - with default clause, for committing offence punishable under Section 498 -A IPC.

(2.) BRIEF facts of the case are like this; that on 22.12.2002, on the statement of Surinder Kumar, father of deceased Jyoti, the FIR was recorded. Police received a telephonic message from Medical Officer, Rajindera Hospital, Patiala that Shakti resident of Sukhram Colony, Gali No. 4, has brought his wife Jyoti dead to the hospital. ASI Zora Singh, reached Rajindera Hospital, Patiala and then recorded the statement of Surinder Kumar as Ex. P.A. As per Surinder Kumar, Jyoti was married to Shakti son of Jai Narain, about 2 years back. After 6/7 months of her marriage, she was being maltreated by her husband and mother -in -law Sheela Devi, for bringing insufficient dowry. They also started giving her beatings. They had sent his daughter many times after giving her beatings to their house telling her that she is the only daughter of her parents, as such she should bring money to them as insufficient dowry was given at the time of marriage. Surinder stated before the police that he and his wife had been sending Jyoti back to her matrimonial house after pacifying her. He further stated that his son -in -law and his mother Sheela Devi, had been harassing his daughter for bringing insufficient dowry telling her that her father had retired and got lump -sum money on retirement inspite of that she had brought less dowry in her marriage. As per complainant, he had given dowry to his daughter beyond his capacity. At about 9:30 A.M., his son -in -law gave telephonic message that Jyoti was seriously ill, as such they should reach Rajindera Hospital, Patiala, quickly. Thereafter, the complainant, his nephew Mangat Singh and his brother -in -law's son Ashok Kumar reached Rajindera Hospital, Patiala and found Jyoti dead. He also expressed his suspicion on both the appellants stating that on account of bringing less dowry they had administered some poisonous substance to Jyoti and thus kill her. On this statement Ex. PA, ASI Zora Singh, made endorsement Ex. PA/1 and sent the same to police station for registration of the case, whereupon, Ranjit Singh, recorded the formal FIR as Ex. PD. Inquest report was prepared as Ex. PH. An application for conducting the post -mortem examination on the dead body of Jyoti, was moved which is Ex. PH/1. Post -mortem report is Ex. PE. Dead body was then handed over to Surinder Kumar (PW -1) vide receipt Ex. PE. Site plan of the spot Ex. PC was prepared. List of dowry articles is Ex. PC (there are two documents marked as Ex. PC). Accused were arrested. Report of chemical examiner was obtained as Ex. PF and after completion of necessary investigations, the challan was put in the Court.

(3.) AFTER taking entire prosecution evidence, statement of accused under Section 313 Cr.P.C. was recorded wherein each allegation appearing in evidence against the accused was put to them, which was denied by them. The defence taken by the accused is this that they are innocent; that the case is false; they have been falsely implicated in this case. Jyoti had died her natural death as she was suffering from Epilepsy and was taking Ayurvedic medicine from Rishikesh and after taking medicine, she died. Medicine was brought from Rishikesh by her by going to Rishikesh along with her mother. Ex. DD is the certificate given by doctor B.S. Gupta, Medical Charitable Society, Rishikesh (Uttaranchal), showing that deceased suffering from generalized seizures (fits) and was under his treatment from 11.06.2002. Ex. DC is the slip issued by the same doctor which is dated 11.06.2002 bearing patient number and diagnosis as Epilepsy.