LAWS(P&H)-2009-11-44

GURPREET SINGH Vs. STATE OF PUNJAB

Decided On November 19, 2009
GURPREET SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 931- SB of 2006 filed by the accused Gupreet Singh, his sister Sarabjit Kaur and his mother Gurdev Kaur against the judgment/order of sentence dated 9.5.2006 passed by the Court of learned Sessions Judge, Sangrur whereby he convicted and sentenced all the three above-mentioned accused to undergo rigorous imprisonment for seven years under Section 304-B of IPC as also Criminal Revision No. 1575 of 2006 moved by Kuldeep Singh - complainant seeking enhancement of the awarded sentence to life imprisonment.

(2.) SHORTLY put, the facts of the prosecution case are that the marriage of Baljit Kaur was solemnised with Gurpreet Singh about five years before the occurrence by spending an amount of Rs. 5,50,000/-. A sum of Rs. 1,50,000/- was given in cash. The accused kept her properly for one year. Thereafter, they started demanding dowry. For performing the marriage of Sarabjit Kaur, a sum of Rupees Five Lacs was demanded. Gurpreet Singh brought Baljit Kaur to her parental house and dropped her there by asking her to come with money. She was taken back to her matrimonial home at which an amount of Rupees Two Lacs was handed over to the accused. About ten days prior to her death, Baljit Kaur came to her parental house and narrated that Gurpreet Singh, Gurdev Kaur and Sarabjit Kaur have been harassing her for bringing Rs. 5 lacs, which were required for sending Sarabjit Kaur abroad as she had been married, but divorce took place. About 4 to 5 days before her death, she rang up and told that all the three accused had been harassing her for fetching the aforesaid cash amount. On 5.11.2003, Gurpreet Singh made a telephonic call that Baljit Kaur being ill, has been got admitted in the hospital at Ludhiana. She was having two daughters and was again in the family way. Kuldeep Singh brother of Baljit Kaur along with his mother Shinder Kaur and his uncle Harnek Singh went to Daya Nand Medical College and Hospital, Ludhiana and found her dead body lying there. The doctor told that due to consumption of poisonous substance, she has died. On the basis of Kuldeep Singh's statement, the case was registered. In due course, the accused were arrested. After completion of investigation, the charge-sheet was laid in the Court for their trial.

(3.) HIS co-accused Sarabjit Kaur as well as Gurdev Kaur have adopted similar pleas. In their defence, they examined Dr. Hari Singh DW1, Sukhdev Singh Manager, Central Co-operative Bank, Sandhaur DW2, Karamjit Kaur DW3, Dr. Guljit, High Tech Scan Centre, near Kalyani Hospital, Raikot Road, (Ludhiana) Jagraon DW4, Sukhwinder Singh Branch Manager, State Bank of Patiala, Lohatbadi DW5 and closed their defence evidence.