(1.) This is appeal filed by the appellant against judgment passed by Sessions Judge, Fatehgarh Sahib, whereby he was convicted for offence punishable under Section 304 Part II of Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5000/-. In default of payment of fine he was directed to undergo further rigorous imprisonment for nine months.
(2.) Case of prosecution, in brief, is that complainant-Rajwinder Kaur was married with appellant about 1 1/2 year before the incident, which took place on 14.11.2012 and from this marriage one girl child, namely, Damandeep Kaur (deceased), was born, who was 1 1/2 month old on the date of incident. The appellant used to give beatings to his wife (complainant) and two days before Diwali festival, she was again given beating. On her complaint, her mother, namely, Manjit Kaur, accompanied by her second daughter, namely, Sukhwinder Kaur, came to the house of appellant on 14.11.2012. At the time of their arrival, appellant was not present at home. On his reaching home, Manjit Kaur, mother of complainant, enquired about beatings given to her daughter at which he flatly refused to talk to them and asked them to leave. At this Manjit Kaur asked the complainant to leave the house and accompany her. Complainant picked up her daughter Damandeep Kaur to accompany her mother and sister, at which Kailash Kaur, mother- in-law of complainant, intervened saying that they should not leave at night time as it will cause insult to them. She locked the main gate of the house. Appellant snatched his daughter from hands of complainant and took her inside. Complainant followed him in the room at which he threw the infant on the floor resulting in injuries on her head and she became unconscious. Complainant with her mother and sister arranged for a conveyance and took the deceased to Mandi Gobindgarh, where the doctor referred her to PGI, Chandigarh, however, she died on the way and was declared brought dead by the doctor at PGI, Chandigarh.
(3.) On receiving the information, ASI Pavittar Singh reached PGI, Chandigarh and recorded statement of complainant-Rajwinder Kaur, on the basis of which instant FIR was registered. Dead body of the deceased was taken to Civil Hospital, Mandi Gobindgarh, where her postmortem was conducted. The appellant was arrested on 23.11.2012 and after completion of investigation challan was presented against him in Court.