BILLU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 17.01.1994, rendered by the Court of Additional Sessions Judge, Amritsar, vide which it convicted the accused (now appellant), for the offence, punishable under Section 304-B of the Indian Penal Code (hereinafter referred to be as the 'IPC' only) and sentenced him to undergo RI for a period of seven years, and to pay a fine of Rs. 200/-, in default of payment of fine to undergo further rigorous imprisonment, for a period of one month.

(2.) THE facts, in brief, are that Geeta (now deceased) was married to Billu, accused about two years and 5 months prior to 03.01.1993 . Billu, accused, was not satisfied with the dowry, which was given at the time of her marriage, by her parents. On account of that reason, he used to maltreat her. He demanded more dowry, in the shape of gold chain, television etc., but the parents of Geeta were unable to fulfill his demand. Geeta, deceased, used to narrate her tale and woes to her parents, from time to time. She also used to tell them that the accused was not satisfied with the dowry, given at the time of her marriage, and used to beat her, on account of that reason. She also told her parents, with regard to the specific demand of gold chain, ring, TV etc. made by Billu, accused, her husband.

(3.) IT was further stated that on 03.01.1993, in the morning, Ajit Kumar, complainant, along with his father Ram Bharose and uncle Gobind Ram went to Dialpur. There they came to know that Geeta had died and was taken to a hospital, at Amritsar. They reached that hospital, at Amritsar and saw the dead body of Geeta in the mortuary. Statement Ex.PA was made by Ajit Kumar, complainant before Joginder Singh, ASI. Endorsement Ex. PA/1 was appended thereon, and FIR Ex. PA/2 was recorded. The Pathologist and the Chemical Examiner opined that the cause of death of Geeta was organic phosphorus poison, which was sufficient to cause death, in the ordinary course of nature. The accused was arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.