NASIB CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgement shall dispose of Criminal Appeal No. 349SB of 1996, filed by Nasib Chand, Sansari Lal and Gurbachan Kaur, accused (now appellants), against the judgement of conviction, and the order of sentence, dated 19.04.96, rendered by the Court of Sessions Judge, Hoshiarpur, vide which, it convicted the accused, for the offence, punishable under Section 304-B of the Indian Penal code, and sentenced them, to undergo rigorous imprisonment, for a period of seven years each, and Criminal Revision No. 508 of 1996, filed by Gurdev Singh, revision-petitioner, for enhancement of sentence, awarded to the appellants.

(2.) THE facts, in brief, are that, Paramjit Kaur, was married to Nasib Chand, in February, 1989, and sufficient dowry, according to the capacity was given at that time. Paramjit Kaur, was having a son, aged 1-1/2 years at the time of death. Nasib Chand, had gone to Italy, one month, after the marriage, and in his absence, the mother-in-law and father-in-law of Paramjit Kaur started taunting her, on account of bringing inadequate dowry. The brother of. Paramjit Kaur namely Gurdev Singh, alongwith his father, had gone to the accused, to prevail upon them, not to harass Paramjit Kaur. In August, 1993, again they started harassing the deceased and she was turned out of the house. In October, 1992, Gurdev Singh, alongwith his relatives went to the house of the accused, and left her there. After sometime, Nasib Chand, returned from abroad. He told that if they wanted the deceased happy, she should be sent alongwith him abroad and, for that, expenses of Rs. 1 lac, were required to be incurred. Since the complainant could not afford such a huge amount, Nasib Chand, went back alone to Italy. 13/14 days prior to the date of occurrence, Nasib Chand, had come to his village, and Paramjit Kaur, was beaten up. Some poisonous matter was administered to her, and she was killed. The statement, containing the aforesaid facts, was made by Gurdev Singh, complainant, the brother of Paramjit Kaur, on 03.07.95, on the basis whereof, the first information report, was recorded. The accused were arrested. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined Dr. S.K. Mahajan (PW1), who on 04.07.95, at 10.30 AM, performed postmortem examination, on the dead- body of Paramjit Kaur wife of Nasib Chand, resident of Takia Baba Dholey Shah Mohalla, Hariana, and observed, as under :