STATE OF PUNJAB Vs. BRIJ BHUSHAN

JUDGEMENT

(1.) The State has preferred this appeal against acquittal of the respondents of the charge under section 304-B read with section 34 IPC.

(2.) Case of the prosecution is that Smt. Seema, deceased was married to Brij Bhushan, accused, one and a half years prior to her death, which took place on 14.2.1993. A daughter was born out of the marriage about six months prior to death of the deceased. Ram Parkash PW3 lodged FIR Ex.PE/2 before SI Sewa Ram PW7, alleging that the deceased was harassed for dowry soon before her death and death was in circumstances other than normal. In March 1992, the deceased went to her parents' house and told them that the accused was demanding Rs.20,000/-. Ram Parkash gave the amount to her in the presence of his daughter Suman. In August 1992, Seema again went to her parents' house and demanded Rs.20,000/- for satisfying the demand of the accused. This amount was also paid by her father. In December 1992, the accused demanded further amount and the deceased went to her father who was unable to pay the amount. On 14.2.1993, Ram Parkash received a telephonic message from his son-in-law Ashok Kumar that Seema, deceased was serious and was in hospital. He went to Malhotra Hospital at Phagwara and came to know that she had been referred to CMC, Ludhiana. He then went to CMC, Ludhiana and found that Seema had died and her dead body was taken back to Phagwara. He then lodged the FIR on the same day. Post-mortem was conducted on the dead body of the deceased by Dr. Karnail Singh PW1 on 15.2.1993. He found that the death was due to crenio cereberal injuries due to fracture of the base of skull etc. and the injuries were ante-mortem in nature and sufficient to cause death in the ordinary course of nature. After registering the FIR, SI Sewa Ram PW7 conducted part of the investigation and PW8 Gurmej Singh conducted rest of the investigation. After investigation, challan was filed by Som Raj, SHO.

(3.) The prosecution examined PW1 Dr. Karnail Singh, PW2 Ram Parkash, PW3 Tribhuwan, PW4 Tulsi Ram, Draftsman, PW5 Ashwani Kumar, PW6 Tejpal, PW7 SI Sewa Ram, PW8 Gurmej Singh and PW9 Ram Lal MHC.