KARNAIL SINGH Vs. STATE

JUDGEMENT

(1.) By this judgment, we shall be deciding Criminal Appeal No. 586-DB of 2002, filed by appellant Karnail Singh and his father Gurcharan Singh, husband and father-in-law respectively of Jasbir Kaur (25) since deceased against judgment of conviction and order of Crl. A No. 586-DB of 2002 sentence dated August 06,2002 passed by the learned Additional Sessions Judge, Ferozepur, whereby appellant Karnail Singh was ordered to undergo R.I. imprisonment for life and to pay a fine of Rs. 3000/- and in default thereof to further undergo R.I. for one year under Section 302 of the I.P.C.,whereas appellant Gurcharan Singh was ordered to undergo R.I. for life and a fine of Rs. 2000/- and in default thereof to further undergo R.I. for nine months under Section 302 read with section 34 of I.P.C. and Criminal Revision No.2431 of 2002 filed by complainant Padarath Singh for enhancing the sentence to death.

(2.) Prosecution case, as divulged by the witnesses at the trial is like this:- Smt. Jasbir Kaur (25), since deceased, was married to Karnail Singh appellant on March 15,1997 in village Pirojwal Mangal Singh, Police Station, Dharamkot. At the time of her marriage, sufficient dowry articles were given to appellant Karnail Singh and his parents which included Motor Cycle, coloured TV, Fridge, Utensils, furniture and gold ornaments weighing12 tolas, but the bride-groom and his parents were not satisfied. It was about three months prior to the occurrence of this Crl. A No. 586-DB of 2002 case that Jasbir Kaur had come to her parental village Bizapur and told her brothers and father that her husband Karnail Singh, mother-in-law Kashmir Kaur and father-in-law Gurcharan Singh were demanding Rs.50,000/- more in cash from her. After giving the said information, she had gone back to her in laws' house on the next day.

(3.) It was on November 12,1998 that Jagjit Singh, her brother had gone to village Pirojwal Mangal Singh to see his sister. On his return, he disclosed to his elder brother Padarath Singh complainant (PW2) that the husband and the parents -in law of Jasbir Kaur were demanding Rs.50,000/- from the sister and on that count, they are harassing her. Thereupon, on November 14,1998 at about 4.p.m. Padarath Singh complainant (PW2) who is elder brother of Jasbir Kaur went to the house of the appellants to know about the welfare of his sister. There in the Court-yard of the house, he saw Gurcharan Singh her father-in-law catching hold of Jasbir Kaur from her hair whereas Kashmir Kaur (her mother-in law ) had caught hold of her from her mouth and while appellant Karnail Singh was seen administering some poisonous substance in the mouth of Jasbir Kaur. On seeing so, he (Padarath Singh Crl. A No. 586-DB of 2002 complainant) raised an alarm Na Maro Na Maro ( Do not kill Do not kill) . Then appellant Karnail Singh threatened him also.