STATE OF PUNJAB Vs. GIAN SINGH

JUDGEMENT

(1.) OUT of four accused namely Tarlok Singh, Gian Singh, Kashmir Kaur and Sarabjit Kaur, tried under Section 304-B in the alternative under Section 302 IPC, for causing dowry death of Joginder Kaur on 6.10.1991, in the area of village Inderpuri, Kot Khalsa, Amritsar, learned Sessions Judge Amritsar, vide its judgment dated 1.3.1996 convicted Tarlok Singh under Section 304-B IPC and acquitted the remaining accused. Hence, State has preferred this appeal while challenging the judgment of acquittal passed qua the three accused as referred to above.

(2.) THE factual matrix of the case is that the complainant Jasbir Kaur in her statement dated 6.10.1991 Ex. PA, before SI Gurpal Singh, disclosed that her daughter Joginder Kaur was married to Tarlok Singh at Inderpuri Kot Khalsa, Amritsar, just five months prior to the occurrence. Immediately, after the marriage, the accused being dissatisfied with the articles of dowry, started maltreating and beating Joginder Kaur on account of bringing inadequate dowry. Tarlok Singh never visited their house. On 27.9.1991, when she visited the house of her daughter, then she found that she had been given beatings. She spotted bluish marks of injuries on her body. Again on 28.9.1991, when she went to Tarlok Singh accused in the company of mediator, then he repeated the demand of dowry. On 6.10.1991, when she again visited the house of the accused with her son Mohinder Singh, then she saw that Tarlok Singh, his father Gian Singh, mother Kashmir Kaur and her daughter Chhambo were quarrelling with Joginder Kaur. When they were going upstairs, then in their presence, the accused threw Joginder Kaur from the roof of the room. Resultantly, she fell on the pucca floor and died at the spot due to the injuries suffered by her.

(3.) CONSEQUENTLY , all the accused were charged under Section 302 and in the alternative under Section 304-B IPC, to which they pleaded not guilty and claimed trial.