STATE OF PUNJAB Vs. BALDEV SINGH ALIAS BAGGA

JUDGEMENT

(1.) This judgment will dispose of an appeal filed by the State of Punjab i.e. Cr. A. No. 240-DBA/89 against the judgment/order, dated 16-7-1988 of the learned Additional Sessions Judge, Ja1andhar vide which Baldev Singh was acquitted by the Additional Sessions Judge of the charge made against him u/S. 302, I.P.C. as well as the appeal .filed by Baldev Singh i.e. Cr. A. No. 313-SB of 1988 against his judgment/order, dated 16-7-1988, vide which he was convicted by the additional Sessions Judge u/S. 304-B, I.P.C. and sentenced to undergo R.I. for seven years.

(2.) The factual position as alleged by the prosecution is that about six months prior to the present occurrence, Paramjit daughter of Darshan belonging to village Mahmowal was married with Baldev Singh accused. It was alleged that Baldev Singh accused and his three co-accused who happened to be his parents and brother, were not satisfied with the dowry which Paramjit had brought in the marriage and they took it as their insult. Paramjit-deceased brought this fact to the notice of her father who contacted Prem Singh Sarpanch. The father of the girl then brought her to his house. The accused then sent a message to the father of the girl that some gold ornaments be given to them and only then, Paramjit could be brought hack to the matrimonial home. The matter was, however, ultimately compromised with the intervention of the respectable and Paramjit left for the matrimonial home with Baldev Singh-accused about 14 days before the occurrence. The father of the deceased again visited her about 5 days before the present occurrence when Paramjit-deceased told her father that she apprehended danger to her life at the hands of the accused.

(3.) It was then on 12-9-1987, when Darshan father of Paramjit-deceased received a message that his daughter had died. He went to the village of the accused and thereafter brought the police machinery into motion by making his statement Ex. PC to the police and on its basis, the present case was registered.