JOGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed by Joga Singh son of Bishamber Dass, aged 24 years, Swaran Kaur alias Swarni wife of Bishamber Dass, aged 60 years and Manjit Kaur daughter of Bishamber Dass, aged 20 years. They were nominated as accused in case FIR No. 58 dated 5.5.1996 registered at Police Station Garhshankar under Sections 304-B & 404 IPC read with Section 34 IPC. Learned Additional Sessions Judge, Hoshiarpur, vide his judgment and order dated 20.9.1997 found them guilty under Section 304-B IPC read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for ten years.

(2.) FIR in the present case was lodged at the instance of Chanan Ram who has stated that he is resident of village Dansiwala. He was doing work of labourer and having two sons and two daughters. His youngest daughter Kamaljit Kaur was married in February 1995 with Joga Singh son of Bishamber Dass according to religious rites. He had given dowry according to his capacity. It was further stated that after three-four months of the marriage, husband Joga Singh, mother-in-law Swarni and sister-in-law Manjit Kaur were giving taunts for bringing less dowry and after beating she was also sent to her parental house. Thereafter, girl was made to understand and she was sent to her in-laws house. Two months thereafter she was given beating and was sent to her parental house. AT that time, the girl disclosed that in-laws were demanding colour Television. The complainant along with mediator Gurmeet Singh approached her in-laws and made entreaties that he is not in good financial position to satisfy their demands. After some time, a son was born to the daughter of complainant and at that time according to his capacity he gave gifts and clothes to the family of her in-laws. After 20-25 days, girl, after beating, was sent to her parental house with a demand that she should bring Rs. 10,000/- from her parents as their daughter Manjit Kaur remain sick and the money is required for her treatment. After borrowing Rs. 6,000/- same was given to Joga Singh and a request was made that the same be accepted as complainant is unable to pay more. It was further stated that two-three days ago, a message was sent by daughter Kamaljit Kaur through Teetu that the accuse are ill-treating her and are demanding more dowry and taunts were also being extended to Kamaljit Kaur. Then the complainant has sent his son Sarabjit Singh and Teetu and when they reached there, in their presence, daughter of complainant was given taunts for bringing less dowry in the marriage and at the time of birth of her child. It is stated that on day of occurrence at about 11.00 A.M. a message was received by him that Kamaljit Kaur is not feeling well and has been taken to hospital at Ludhiana. He along with other villagers reached at D.M.C. Hospital, Ludhiana, where he could not get any information and returned back to Hoshiarpur. Since no information was available at Hoshiarpur they reached at the village of accused and found that dead body of Kamaljit Kaur was lying in the house of Joga Singh and froth was coming from her mouth and her body had turned bluish. He has stated that due to the behaviour of the accused under compulsion his daughter had consumed some poisonous substance and, therefore, she had died and action should be taken against the accused. He has further stated that accused also removed gold rings and ear rings from the dead body.

(3.) PROSECUTION examined PW.1 Dr. Rajan Kumar who conducted autopsy on the dead body of Kamaljit Kaur, aged 22 years. He had sent viscera to Chemical Examiner and upon receipt of report of Chemical Examiner Ex.PA he opined that cause of death of in the case was due to poisoning of aluminum phosphide.