TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Criminal appeal filed by Tarsem Singh (husband). Gurnam Singh (father-in-law) Agya Kaur (mother-in-law) and Angrej Singh (devar of Smt. Surinder Kaur alias Jasvinder Kaur) and has been directed against the judgment and order dated 12-8-1997 passed by the court of Additional Sessions Judge. Patiala. who convicted all the four appellants under section 304-B of the Indian penal Code and sentenced each one of them to undergo rigorous imprisonment for a period of seven years.

(2.) Brief facts of the case are that on or about 3-10-1995 during day time in the revenue limits of village Suron, death of Smt. Surinder Kaur alias Jaswinder Kaur wife of Tarsem Singh appellant was caused by burns otherwise than in the normal circumstances within seven years of her marriage and said pmt. Surinder Kanr alias Jasvinder Kaur was subjected to cruelty and harassment by the appellants in connection with dowry demands of scooter colour television etc. The occurrence at the trial was unfolded by Shri Dalip Singh who is real brother of the deceased. According to this witness they are three brothers and five sisters. All of them are married. Deceased Surinder Kaur was the youngest sister and she was married to Tarsem Lal appellant on 17-1-1993. The complainant stated that his family had given dowry according to its status. About six months after marriage all the appellants started has rassing and beating Surinder Kaur. They taunted Surinder Kaur on the ground that the articles brought by her in dowry were not of good quality and they further demanded a scooter and a colour television. It is alleged by the complainant that he and his family members has been sending back Surinder Kaur with a request that they were not in a position to give these articles. Surinder Kaur again came to the house of her parents and complained that the appellants were harassing her too much and were giving beating to her. As a result, he and his family members called Ajaib Singh sarpanch of their village and Member Panchayat Dilbagh Singh. They advised the complainant to avail time and make a request to the appellants not to maltreat the deceased. In August 1995, Surinder Kaur deceased again came to the house at her parents in village Alampur. It was Raksha Bandhan occasion and she complained to her brothers that all the appellants had again maltreated her on account of the fact that she had not brought scooter and colour television. It is alleged by the complainant that his wife Jasbir Kaur left the deceased at the house of her in laws with the promise that they would arrange either colour television or scooter to the appellants after selling the crop.

(3.) The story of the prosecution further proceeds that on 3-10-1995 at about 4.00 p.m. the complainant received message that Surinder Kaur his sister had received burn injuries due to bursting of stove. Resultantly the complainant alongwith Harminder Singh, his brother-in-law (sala), Sucha Singh and Ajaib Singh went to village Suron at the house of the appellants. All the four appellants were present there. The dead body of Surinder Kaur was lying on the cot. The complainant went inside the room where the occurrence had taken place. The stove was intact. He suspected that the appellants might have killed his sister Surinder Kaur by setting fire to her. Resultantly, the complainant left Harminder Singh and Such a Singh at the spot and he alongwith Ajaib Singh went to the Police Station Sadar Rajpura for lodging a report but on the way the police party headed by ASI Kamail Singh met them at the turning of the road near Octroi Saidkheri. He allegedly made statement Ex. P0 before ASI Karnail Singh. It was read over and explained to the complainant who signed the same in token of its correctness.