SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal appeal filed by Surinder Singh. Hardip Singh and Smt. Swaran Kaur, who are husband, Dewar (husbands brother) and mother-in-law of deceased Smt. Baljinder Kaur and has been directed against the judgment and order dated 8th July 1997 passed by the Court of Additional Sessions Judge. Jalandhar, who convicted the appellants under Sections 304- Band 498-A read with Section 34 of the Indian Penal Code, and sentenced each one of them to undergo rigorous imprisonment for a period of seven years under Section 304-B of the Indian Penal Code, and to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/each under Section 498-A of the Indian Penal Code. In default of payment of fine each one of them was directed to undergo further, rigorous imprisonment for a period of three months. It has further been ordered by the learned trial Court that all the sentences shall run concurrently.

(2.) The story of the prosecution can be described in the following manner: Smt. Baljinder Kaur deceased was the wife ofSurinder Singh. Her marriage with him took place on 22nd March, 1995 in village Adharman. After the marriage she lived with him in village Awan Khalsa. According to the prosecution, neither he nor his mother Swaran Kaur and his brother Hardip Singh were satisfied with the dowry brought by her in the marriage. They allegedly raised a demand for more dowry and wanted the deceased to bring a scooter from her parents. It is further case of the prosecution that all the three appellants allegedly treated the deceased with cruelty as the deceased could not bring scooter. Having been fed up with the ill-treatment meted out to her at the hands of the appellants. Smt. Baljinder Kaur thought of ending her life. She consumed Aluminium Phosphide on 23rd August, 1995 and thereafter she died in the hospital on the next date, i.e. 24th August, 1995.

(3.) Post-mortem of her dead body was conducted by the medical board constituted by the S.M.O. Dr. J.S. Kumra. The Medical Board opined that her death was on account of consumption of Aluminium Phosphide. The doctor of the Board also found following four injuries on her person:-