JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Jaswinder Singh and has been directed against the judgment and order dated 28.8.1993 passed by the learned Sessions Judge, Faridkot, who convicted the appellant under Section 304-B of the Indian Penal Code and sentenced him to undergo RI for a period of seven years and to pay a fine of Rs. 5,000/-; in default of payment of fine to undergo further RI for six months under Section 304-B IPC. The appellant was further convicted under Section 498-A IPC and was sentenced to undergo RI for a period of two years and to pay a fine of Rs. 5,000/-; in default of payment of fine to undergo further RI for six months. The trial Court further held that both the sentences shall run concurrently.

(2.) IT may be mentioned here at the first instance that along with Jaswinder Singh appellant his aunt Smt. Angrez Kaur was also tried for the offences but she was acquitted.

(3.) THE story of the prosecution goes that on 24.5.1992 Mohan Singh was busy in managing the harvested wheat crop when he came to know that some poisonous substance had been administered to his daughter on 23.5.1992 at about 9.00 p.m. by the appellant and that they were getting her treated at private nursing home at Kotkapura. On receipt of this information, Mohan Singh went to the nursing home of Dr. Garg from where he took her daughter to Dayanand Medical College and Hospital, Ludhiana, where she expired on 25.5.1992 at about 1.45 a.m. Jaswinder Singh and his Masi/Tai Angrez Kaur brought about the death of Simarjit Kaur by administering her some poisonous substance because she could not fulfil their demand for more dowry including scooter, fridge and colour television. Case F.I.R. No. 19 dated 25.5.1992 was registered under Section 304-B read with Section 120-B IPC at Police Station Kotkapura on the statement Ex.PL of Mohan Singh, father of the girl. Mohan Singh made the statement on 25.5.1992 at about 6.00 p.m at bus adda, Panj Grain Kalan before ASI Gurmail Singh. Inquest report on the dead body of the deceased was prepared by the Investigating Officer in the dead house of Daya Nand Medical College and Hospital, Ludhiana. Dr. Daljit Singh Kochar, S.M.O., Civil Hospital, Ludhiana performed post mortem examination on the dead body of Simarjit Kaur on 26.5.1992 at 3.40 p.m. He kept the determination of the cause of death pending receipt of the report of the Chemical Examiner on contents of stomach, large and small intestines, liver, spleen, kidney and blood. The Chemical Examiner found vide report Ex. PR organo phosphorus group of insecticide in the contents of stomach, large and small intestines, liver, spleen, kidney and blood. After investigation, accused Jaswinder Singh and Smt. Angrez Kaur were challaned under Section 304-B read with Section 120-B IPC in the court of Illaqa Magistrate who supplied the copies of the documents to the accused and vide order dated 3.9.1992 committed the accused to the Court of Sessions.