SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgement dated 12th July, 1994 passed by the learned Additional District Judge, Bathinda, whereby the learned Additional Sessions Judge convicted both the appellants, namely Surinder kumar and Kanta Devi under Ss. 304-B and 498-A. Indian Penal Code and sentenced both of them to undergo imprisonment for 7 years, under S. 304-B, IPC. The learned Additional Sessions Judge further held that no separate sentence under S. 498A, IPC was required to be passed in view of the substantive sentence being awarded for the major offence under S. 304, IPC.

(2.) Briefly stated, the facts of the case are that deceased Raksha Rani alias Sunita Rani was married to appellant Surinder Kumar about 21/2 years prior to the date of incident i.e. 29th July, 1993. They were blessed with a son who was aged 11/2 years at the time of the death of the deceased Raksha Rani.

(3.) As per the case of the prosecution, Surinder Kumar and the deceased used to quarrel with each other and the cause of the quarrel was insufficient dowry. It is further alleged that one week prior to 29th July, 1993 two brothers of the deceased, namely, Sat Pal and Dharam Pal visited the deceased who told them that her mother-in-law Kanta Devi was raising a demand of more money and her husband Surinder Kumar also raised a demand for money. It is further alleged that the brothers of the deceased on return informed the father of the deceased (hereinafter referred to as the complainant) that the accused had told them that in case Rs. 10,000/- was not given, then Raksha Rani (deceased) would be deserted. It is then alleged that on 29th July, 1993 the complainant Lal Chand along with his son Diwan Chand visited the house of accused Surinder Kumar, at about 9-10 a.m. and found that 10/12 ladies were sitting on the ground in front of the house of the deceased and both the accused were not present at that time. After going into the house they came to know that Raksha Rani had succumbed to her burn injuries in the bathroom. The complainant made his statement before the Police which is Exhibit PD. on the basis of this statement, FIR under S. 304-B/34, IPC was registered against the accused on 29th July, 1993. They also found one container near the dead body and halfburnt match box.