KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Kashmir Singh and his co-accused Gurdip Kaur faced trial by learned Additional Sessions Judge (Ad hoc), Amritsar, who vide judgment dated 22.7.2004 acquitted accused Gurdip Kaur, whereas convicted Kashmir Singh for an offence under Section 304-B IPC and vide order of that very date sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 2,000/- and in default thereof, to further undergo rigorous imprisonment for one month.

(2.) The accused-convict Kashmir Singh, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of conviction and order of sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the facts of the case as per the prosecution story are that Sukhpal Kaur, elder daughter of complainant Balwant Singh was married with Kashmir Singh accused on 21.1.2001; at that time, the complainant had given dowry articles to his said daughter as per his capacity, however, soon after the marriage Sukhpal Kaur was harassed and maltreated by Kashmir Singh, since he had a grudge that a scooter had not been given to him in dowry and he wanted Sukhpal Kaur to bring scooter from her parents; that Kashmir Singh accompanied by Sukhpal Kaur went to the house of his in-laws on 25.2001; that Sukhpal Kaur told her father that Kashmir Singh was harassing her by raising demand of scooter; Ranjit Kaur wife of complainant Balwant Singh and Sohan Singh son of Budh Singh were also present there at that time; Sukhpal Kaur had stated that her husband and mother-in-law Gurdip Kaur had been maltreating and taunting her in connection with demand of scooter; Balwant Singh, his wife and Sohan Singh tried to console Sukhpal Kaur and persuaded her to accompany her husband to the matrimonial home with the promise that they would visit her along with Pritam Kaur, resident of Baba Bakala, who had acted as a mediator in arranging matrimonial alliance between Sukhpal Kaur and Kashmir Singh, however, on 29.5.2001 at about 6:00 p.m., the complainant received a telephonic message that Sukhpal Kaur had died, then complainant Balwant Singh along with his family members and some other persons went to matrimonial home of the deceased and found that Kashmir Singh and his mother Gurdip Kaur were making preparation for cremation. The complainant had a suspicion that Sukhpal Kaur had been administered poison by the accused for the reason that their demand of scooter had not been fulfilled. Balwant Singh was going to Police Station Beas to lodge the report, however on the way, at bus stand of Baba Bakala, he came across SI Wassan Singh (hereinafter referred to as the Investigating Officer/I.O.) along with other police officials and got his statement recorded with him. The police officer appended his endorsement below that statement and sent ruqa to the police station, on the basis of which formal FIR was recorded. The police party accompanied by the complainant went to the spot. The Investigating Officer carried out the inquest proceedings with regard to dead body of the deceased preparing a report in that regard. The dead body was sent to hospital to get post-mortem examination conducted thereon. Before that, the Investigating Officer had got the dead body photographed from a photographer. A site-plan of the place of occurrence was prepared. The investigation in the case proceeded. Accused Kashmir Singh was arrested in this case, whereas his mother Gurdip Kaur was found to be innocent.