MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by Major Singh, Biro and Didar Singh, and has been directed against the judgment and order dated 6.7.1996, passed by the court of Additional District and Sessions Judge, Gurdaspur, who convicted the appellants u/s 304-B read with Section 34, IPC, and u/s 201/34 IPC, and sentenced them to undergo R.I. for a period of 10 years each u/s 304-B/34 IPC and two year each u/s 201/34 IPC. The appellants were further directed to pay a fine of Rs. 200/- each u/s 201/34 IPC; in default of payment of fine, they were directed to undergo R.I. for one month each. All the substantive sentences were ordered to run concurrently.

(2.) MAJOR Singh, aged 29 years, an employee of the Punjab State Electricity Board and his parents, Didar Singh, aged 90 years and Biro aged 70 years, faced a criminal trial on the allegations that on 25.1.1994, in the area of village Butter Kalan, in furtherance of their common intention, murdered Rajwant Kaur w/o Major Singh, appellant, and thereby committed an offence u/s 302/34 IPC. They were further charged with an offence u/s 3204-B read with section 34, IPC on the ground that they allegedly committed dowry death of Rajwant Kaur who died under unnatural circumstances within 7 years of her marriage due to the alleged demand of dowry. The other charge against the appellants was that they knew that an offence u/s 302 or 304-B, IPC, had been committed and they caused to disappear the dead body of Rajwant Kaur with the intention to screening themselves from the legal punishment and, thus, committed an offence u/s 201/34, IPC.

(3.) IN order to prove the charges, the prosecution examined Dr. Shabir Ahmad, PW-1, Jagir Singh, PW-2, Swaran Singh, PW-3, Ashok Kumar, Photographer, PW-4, Makhan Singh, Chowkidar of Village Butter Kalan, PW-5, SI Karanjit Singh, who formally recorded the FIR, PW-6, Satish Chander, Draftsman, PW-7, Harcharan Singh, Ex-Sarpanch, PW-8, Pramjit Singh, son of the complainant, PW-9 and SI Balbir Singh, the main I.O., PW-10. The prosecution also tendered into evidence the report of the Chemical Examiner by giving up the remaining witnesses as unnecessary.