SATWINDER SINGH ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 1.2.2003 of the Additional Sessions Judge (Ad hoc), Fast Track Court, Hoshiarpur (hereinafter described as 'the trial Court') whereby the appellant was convicted under Section 304-B of the I.P.C. and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2000/- and In default of payment of the fine, to further undergo rigorous imprisonment for one month, The appellant along with his mother-Kamlesh Kaur were setup to face trial by the Station House Officer, Police Station, Mukerian in a case registered vide F.I.R.No.58 dated 18.5.2001 under Sections 302, 304-B and 34 of the I.P.C. on the basis of the statement of Rajinder Pal Singh, father of deceased- Kamalpreet Kaur. It was alleged by the complainant that on 19.2.2000, the deceased was married to the appellant and at that time, sufficient dowry articles were given. However, the appellant, his mother and sister-in-law (Bharjai) started maltreating the deceased for bringing fewer dowries.

(2.) They also demanded money for the appellant from her parents for opening a car garage and when this demand was not met, she was given beatings by him, as a result of which pregnancy of 3-4 months was terminated. Harbaljit Singh, Maasar of the deceased and his wife-Harbhajan Kaur, who were the mediators in the marriage and were residing near the house of the appellant, intervened and got the matter compromised. Thereafter, the appellant and his mother did not allow the deceased to visit her parents and also restrained her from moving out of the house. On 16.5.2001, the mother of the deceased fell ill and a telephonic message was given to the appellant for sending her and after great persuasions, she was taken to Jalandhar. The deceased wanted to stay back, but the appellant did not allow her to do so.

(3.) On 18.5.2001, Rattan Kaur, mother of Harbaljit Singh gave a message on telephone to the complainant that the deceased was admitted in Civil Hospital, Mukerian. He along with other family members immediately rushed to the hospital where he found his daughter lying dead. At that time, she was about four months' pregnant. There were injury marks on the neck of the deceased. The matter was reported to the police. After the post mortem, the cause of death came to be established as "hanging leading to asphyxia". After completion of necessary investigation, the appellant and his mothers were challenged by the police. They were charge sheeted by the trial Court under Section 304-B of the I.P.C. On appraisal of the entire evidence on record, the trial Court convicted and sentenced the appellant in the manner mentioned hereinabove, but acquitted his mother. This has resulted in the filing of the instant appeal.