JAGROOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been filed by Jagroop Singh, aged 22-1/2 years, and his father Shri Jit Singh, aged 60 years, and has been directed against the judgment and order dated 16th November, 1994, passed by the Court of Additional Sessions Judge, Barnala, who convicted the appellants under Section 304-B of the Indian Penal Code, and sentenced them to undergo rigorous imprisonment for 10 years each, for allegedly committing dowry death of Smt. Sukhwinder Kaur.

(2.) BRIEF facts of the case are that Smt. Sukhwinder Kaur was the real sister of P.W. Amarjit Kaur and was married to accused Jagroop Singh about 1-1/2 years prior to her death which took place on 9th September, 1993. It is alleged by the prosecution that after the marriage of Smt. Sukhwinder Kaur with Jagroop Singh accused, both the appellants used to beat her on the ground that the deceased had not brought sufficient dowry and they used to ask her to bring more dowry from the house of her parents in the shape of six gold rings. About two months prior to the occurrence, Smt. Sukhwinder Kaur was turned out of the matrimonial home after giving beatings to her and she was specifically told that she had no necessity to return to the matrimonial home unless she secured six gold rings. The matter was complained to Smt. Amarjit Kaur P.W. by the deceased. Resultantly, the deceased was allegedly turned out from the matrimonial home and she started residing in the house of her parents in village Tungwali. Story of the prosecution further goes that 5-6 days prior to the occurrence, Smt. Sukhwinder Kaur, her brother Mukhtiar Singh, Jagjit Singh from village Tungwali came to the house of Mst. Amarjit Kaur and told her that Smt. Sukhwinder Kaur was to be left at the house of the accused, on which she accompanied them. Both the accused told the witnesses that they were not inclined to rehabilitate Smt. Sukhwinder Kaur till arrangement for gold rings was made. However, on the persistent requests made by the deceased, her brother, her sister and Jagjit Singh, the accused permitted the deceased to stay in the house. On 9th September, 1993 at about 3 p.m. Sukhdev Singh, brother of Smt. Amarjit Kaur, went to the house of the latter and after taking tea he along with his sister Smt. Amarjit Kaur went to the house of the deceased Smt. Sukhwinder Kaur for the purpose of meeting her. They reached there at about 5.30 p.m. On reaching there they saw that Smt. Sukhwinder Kaur was lying on the ground in a room of the house while Jit Singh appellant was catching hold of her by her arms and Shri Jagroop Singh appellant was administering some poisonous substance forcibly into her mouth. Smt. Sukhwinder Kaur was raising hue and cry. Upon seeing this Smt. Amarjit Kaur and Shri Sukhdev Singh also raised alarm, as a result of which both the appellants ran away from the place of occurrence. Smt. Sukhwinder Kaur died at the spot.

(3.) IN order to prove the charges, the prosecution examined PW 1 Dr. Narsi Ram, PW 2 Shri Dev Raj, Draftsman, PW 3 Smt. Amarjit Kaur, PW 4 Shri Sukhdev Singh, PW 5 Mukhtiar Singh, PW 6 Shri Gulshan Kumar, Muharrir Head Constable, PW 7 Shri Dhanna Singh, Constable, and PW 8 ASI Iqbal Singh. Shri Sukhdev Singh PW 4 and Shri Mukhtiar Singh PW 5 are the brothers of complainant Smt. Amarjit Kaur PW 3.