DHARAM CHAND AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants challenge their conviction under Sections 302/149 IPC for which they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/ -each, in default, to undergo further RI for one year each. They also challenge their conviction under Section 143 IPC for which they have been sentenced to undergo rigorous imprisonment for six months each which is to run concurrently.

(2.) THE case of the prosecution is that on 28.10.2000 at 7.00 a.m. Vipan Bedi, PW3 received a telephonic call from deceased Shama that family member of her in laws were beating her and torturing her for not bringing Scooter. Shama was cousin of Vipin Bedi (daughter of sister of his father) and had been married to appellant Rajiv Sehgal one and a half year prior to the occurrence. She had eight months old daughter Bhumika. She was being maltreated on account of demand of dowry. Vipin Bedi, his father Jaswant Bedi and Uncle Kulwant Rai Bedi were living nearby, while parents of Shama were in a different city i.e. Amritsar and they tried to make in -laws of Shama understand many times to refrain from maltreating her. About 20 days prior to the occurrence, Shama came to their house and told Vipin Bedi and his father that her husband and other family members were demanding Scooter and threatening her that if scooter was not brought, she and her daughter will be done to death.

(3.) HE also found 6th and 7th rib on the left side fractured and lung ruptured in the middle. The cause of death was asphyxia and injury to chest and extensive burns. The injuries to chest and burns were ante -mortem and sufficient to cause death in ordinary course of nature. Time between injury and death was 5 to 10 minutes and between death and post mortem was within 12 hours. On the same day, at 4.30 p.m., he conducted post mortem on the dead body of Bhumika 8 months old child. She had superficial deep burns all over the body. Cause of death was due to asphyxia and shock as a result of burns which was ante mortem and sufficient to cause death.