RAM KARAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted and sentenced to undergo rigorous imprisonment for a period of seven years for having committed an offence under Section 304-B of the Indian Penal Code vide judgment/order dated 28/29.7.1995 passed by the Addl. Sessions Judge, Patiala.

(2.) THE FIR was lodged on the basis of statement made by one Zora Ram on 14.5.1992 at 11.25 a.m. It was alleged therein that Smt. Joginder Kaur, the youngest of his six sisters was married to Ram Karan accused-appellant three years before the date of occurrence. One Smt. Sukhwinder Kaur, another sister of Zora Ram was also married to Joginder Singh, resident of Nai Basti, Sarai Patti, Samana. Ram Karan appellant, his father Pritam Ram and mother Devki were accused of having pressurised Joginder Kaur to bring more dowry, which the family of the complainant could not satiate as they were poor people. It was alleged that the appellant, his father and mother had prevented Joginder Kaur from visiting the house of her parents. A small daughter aged about 1-1/2 years of Tarsem Ram, brother of Joginder Kaur had died 15 days before this occurrence and Joginder Kaur had gone to the house of her parents at village Kuka on 13.5.1992 to condole the death of the young child. On the same day complainant Zora Ram is said to have accompanied Joginder Kaur to the house of her in-laws at Samana and left her there. Thereafter he went to his sister Sukhwinder Kaur to pay her a visit. At about 7.00 p.m. on 13.5.1992 Zora Ram and Joginder Singh again visited the house of the accused and found that the appellant, his father and mother were reprimanding Joginder Kaur for having visited village Kuka without their consent and permission. Joginder Kaur replied that it was necessary for her to go to the house of her brother to condole the death of small child. The complainant Zora Ram and Joginder Singh are said to have intervened and separated them. Thereafter Zora Ram along with Joginder Singh returned to their houses. At about 9.00 a.m. in the morning on 14.5.1992 Zora Ram and Joginder Singh again visited the house of the accused in order to inform Joginder Kaur that Zora Ram was returning to his village Kuka. They found that Joginder Kaur was lying dead in a room in the house of her in-laws. They also observed the presence of ligature marks around her neck. According to the complainant, the appellant, his father and mother had murdered Joginder Kaur because she could not bring sufficient dowry from her parents. Zora Ram left Joginder Singh near the dead body and went to the police station to report the matter.

(3.) THE prosecution in order to establish its case against the accused examined number of witnesses which included the doctor who conducted the post-mortem on the dead body.