ASHOK KUMAR AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants were sentenced to undergo rigorous imprisonment for a period of 10 years for commission of offence under Sec. 304 -B IPC. They were further sentenced to undergo rigorous imprisonment for a period of 2 years for commission of offence under Sec. 201 IPC along with fine of Rs. 1000/ -. In default of payment of fine, they were to further undergo rigorous imprisonment for a period of one month.

(2.) The facts as they appear from the record may now be exposited. Poonam was married to Sanjeev in October, 1997. The unfortunate incident took place in January, 1999. The allegations were that the husband, mother -in -law, father -in -law, the brother -in -law and the sister -in -law and other family members maltreated the deceased for bringing insufficient dowry. The girl was being sent to the matrimonial home on that pretext. In March, 1998 Poonam returned home and told her family about her sufferings. She again went back to the matrimonial home after her mother and brother counselled her. On 01.04.1998, the complainant along with her sister -in -law went to village Dostpur. The family did not treat the complainant and her sister -in -law properly and accused them of giving insufficient dowry. Poonam was brought back to the parents' house. On 31.05.1998, a Biradri Panchayat was held and Poonam was sent back to the matrimonial home. She again returned to Gurdaspur and narrated her woes. She was sent back after two days. Poonam was expecting a child and her date of delivery was near. The allegations are that the in -laws were asking her to have the delivery at her mother's house. The girl returned to the family. She gave birth to a child in October, 1998. The child fell ill and the complainant's family bore the entire expenditure. None of the in -laws' family came to visit her. After about 2 - 3 months, the in -laws came and wanted to celebrate the Lohri function and asked the complainant to send Poonam. Poonam went back to the matrimonial home along with her new born child. After the Lohri function, taunts were thrown at the girl for the gifts given. On 22.01.1999 the complainant was in the market when she heard that her daughter had been killed. Information was also received that the dead body had been cremated without informing her. Information was given to the police and a report was lodged. On receipt of the information, the police went to the cremation ground and found that the body had been cremated. The police collected the ash and bones and sent it to the Chemical Examiner. The police presented the challan against six persons. Charge was framed under Sec. 304 -B, 201, 120 -B IPC, to which they pleaded not guilty. The prosecution examined six witnesses.

(3.) The accused in their statements recorded under Sec. 313 Cr.P.C., took the plea that Poonam had fallen ill on 21.01.1999 and she was taken to a local government dispensary but the doctor was not available and she was being taken towards Kalanaur for medical treatment but she died on the way and it was a natural death and they brought the body back and message was sent to the mother. The mother had attended the cremation along with the local villagers and she did not make any allegation then but later in consultation with her relatives false allegations had been made in the FIR.