RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAJ Kumar appellant was married to Manjit Kaur deceased. Ram Parkash is the father of Raj Kumar. Both the appellants have been held guilty of the offence punishable under Section 304-b of the Indian Penal Code. By the subsequent order of same date, the learned Additional Sessions Judge sentenced each of the appellant to undergo rigorous imprisonment for 10 years. Aggrieved by the said judgment and the order of sentence, the present appeal has been filed. The complainant has preferred the revision petition seeking enhancement of the sentence. By this common judgment the above said appeal and the revision petition can conveniently be disposed of together.

(2.) THE facts of the prosecution case are that Gian Singh complainant is the father of deceased Manjit Kaur. In the year 1990 Manjit Kaur was married to Raj Kumar. On 13. 7. 1991 the wife of the complainant and his son had gone to meet Manjit Kaur in the house of the appellants. Raj Kumar was seen assaulting Manjit Kaur. The wife and the son of the complainant informed him about the said incident. He went to meet the appellants. Raj Kumar appellant told the complainant that he (complainant) had agreed to construct a house but has not done so. Till such time the house is constructed, Raj Kumar will behave in this fashion with the deceased. Ram Parkash appellant had told Raj Kumar to turn the deceased from his house. Thereafter, the complainant and his wife returned with their daughter Manjit Kaur to their own house.

(3.) IT was ASI Madan Lal who recorded the statement of complainant Gian Singh pertaining to the above said facts. He made his endorsement and sent the same for registration of the case. ASi Madan Lal had prepared the inquest report. The dead body of Manjit Kaur was sent for post-mortem. Dr. Vinay Kumar conducted the post-mortem on the person of the deceased. The viscera and the blood was sent for chemical examination. On basis of the report of the Chemical Examiner, Dr. Vinay Kumar gave the cause of death to be poisoning. It is on these broad facts that report under Section 173 Cr. P. C. was filed against the appellants and mother of Raj Kumar with respect to the offence punishable under Section 304-B read with Section 34 of the Indian Penal Code.