STATE OF PUNJAB Vs. RAJ KUMAR

JUDGEMENT

(1.) In nutshell, the facts of the case as per prosecution story are that criminal machinery in this case was set into motion by complainant Vinod Kumar son of Shankar Dass, resident of Village Khilchian, who in his statement got recorded with ASI Santosh Kumar of Police Station Jandiala, Amritsar on 24.09.1996, stated that his sister Pushpa Rani (deceased), aged about 24 years was married with Raj Kumar (accused) of Gehri Mandi. Jagdish Chander (accused) happened to be father and Krishna Wanti (accused) mother of Raj Kumar (accused). All three accused used to maltreat and beat up Pushpa Rani, since, they had a grievance that she had not brought adequate dowry at the time of her marriage with Raj Kumar. She used to be driven out of the house by the accused. Said state of affairs continued for about 1 1/2 years. Fed up with this maltreatment, Pushpa Devi came to reside with her parents, where she remained for about one year; that about four months prior to the incident, the accused along with some respectable persons of Gehri Mandi came to the house of the complainant in the form of a panchayat for the purpose of re-approachment. Gurbhup Singh and Hans Raj, member panchayat of Village Khilchian had also joined such talks for compromise. Gurdip Singh son of Wazir Singh of Guru Nanak Pura, Amritsar, husband of sister of father of Raj Kumar was also there with the accused at that time. The accused had made a commitment that they would not harass Pushpa Rani in future and would not raise any demand for dowry, therefore, Pushpa Rani was sent along with the accused. On 16.09.1996, Vinod Kumar along with his uncle Rajinder Kumar went to the house of the accused to see Pushpa Rani, however, on reaching there, they saw her dead body lying on a block of ice. The complainant suspected that accused had caused her death. Leaving Rajinder Kumar there, complainant Vinod Kumar was proceeding towards Police Station Jandiala to report the matter to the police. On the way, he came across ASI Santosh Kumar, In-charge, Police Post Gehri Mandi and got his statement Ex.PA recorded with him. ASI Santosh Kumar did not suspect commission of any offence, therefore, he made his endorsement Ex.PA/1 below such statement and sent ruqa to police station for making entry in the daily diary register, which was accordingly done. Copy of daily diary register being Ex.PM. ASI Santosh Kumar then went to the house of the accused. He carried out inquest proceedings with regard to dead body of Pushpa Rani, preparing inquest report Ex.PN in that regard. Dead body of Pushpa Rani was sent to Civil Hospital, Amritsar for the purpose of getting post mortem examination conducted thereon. On 24.09.1996, Baldev Singh, SHO, PS Jandiala got some verification made and then registered FIR Ex.PG/1 for offences under Sections 498-A , 304-B read with Section 34 IPC. He went to the place of occurrence and prepared rough site plan thereof as Ex.PH. The investigation of this case was marked to ASI Santosh Kumar, who recorded statements of witnesses. Accused were arrested in this case. Statements of witnesses were recorded. Several articles were taken into police possession.

(2.) After completion of investigation and other formalities, the challan against the accused was prepared and filed in the Court of Illaqa Magistate at Amritsar, who supplied copies of documents relied upon in the challan to the accused free of cost as provided under Section 207 Cr.P.C and then finding that the offence under Section 304-B IPC was exclusively triable by the Court of Session, committed the case to the Court of Sessions Judge, Amritsar, from where, it was assigned to Addl. Sessions Judge, Amritsar.

(3.) On receipt of the case, finding a prima facie case, charge for offences under Sections 304-B and 498-A IPC was framed against the accused, to which, they pleaded not guilty and claimed trial. However, during the pendency of the trial, accused Jagidsh Chander had expired.