AJITPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Ajit Pal Singh was the husband of deceased Devinderjit Kaur. Their marriage took place on 8.12.1996. Devinderjit Kaur died due to burning on 31.3.1997, at her matrimonial home. The father of the deceased lodged an FIR and made a grievance that present petitioner Ajit Pal Singh, his mother Surinderjit Kaur and sister-in-law Sarbpreet Kaur used to harass and torture his daughter, on the issue of inadequate dowry, and used to demand more dowry. It is further alleged by him that on being fed up due to the torture and harassment, his daughter Devinderjit Kaur committed suicide. On the basis of that FIR offence under Section 304-B and 498-A both read with Section 34 IPC was registered at Police Station, Civil Lines, Amritsar. The police submitted charge-sheet for these two offences.

(2.) When the matter came up before the Sessions Court, it noticed that the post-mortem report indicated following anti-mortem injuries namely :-

(3.) On noting these anti-mortem injuries, the Sessions Court found it necessary to incorporate offence under Section 302 I.P.C. also while framing the charge. Accordingly, on 23.8.1997 charge under Section 302 was framed alongwith alternative charge under Section 304-B IPC. However, offence under Section 498-A IPC seems to have escaped the attention of the Additional Sessions Judge while framing the charge.