SALAMUDIN AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants, namely, Salamudin and Bimla, have filed this appeal against the judgment of conviction and order of sentence dated 13.04.2010, passed by the learned Additional Session Judge (Fast Track Court), Bathinda, vide which the appellants were convicted under Section 304-B read with Section 34 of Indian Penal Code, 1860, (hereinafter referred to as the 'Code') and sentenced to undergo rigorous imprisonment for a period of ten years.

(2.) The brief facts of the case in hand, are that, on 01.04.2008, SI Mohinder Singh along with other police officials was present near Phatak Bangi Nihal Singh Wala, where Niaz Mohammad along with Mangtu Ram Sarpanch met the police party. Niaz Mohammad got recorded his statement that his niece Nazmin Bano was married with Salamudin on 11.08.2007. Sufficient dowry was given. After 2/3 days of marriage accused persons and other relatives of accused started maltreating Nazmin Bano for bringing less dowry. Complainant and his brother tried to dissuade them from making dowry demands. Father of Nazmin Bano died on 22.11.2007, but accused did not mend their behaviour. On 29.03.2008, Salamudin took Nazmin Bano back to her matrimonial home with the promise that she will not be maltreated. Nazmin Bano stated that she will be killed and refused to go. However, the complainant's family persuaded her to go. On 31.03.2008, at about 5.00 pm. the complainant received a telephonic message that Nazmina Bano has died. Complainant and other persons visited the house of accused and found Nazmin Bano dead with strangulation marks around her neck. Ruka was sent to Police Station for registration of the case against the accused. Usual investigation was conducted. Post mortem of dead body was got conducted. Rough site plan of the place of occurrence was prepared. Statements of the witnesses were recorded. Accused were arrested. On completion of necessary investigation, challan was presented against the accused.

(3.) On presentation of challan, copies of the same were supplied to the accused free of cost as envisaged under Section 207 Cr.P.C. Since, the case was not triable by the Ilaqa Magistrate, hence the same was committed to the Court of Sessions Judge, Bathinda.