GURWINDER SINGH ALIAS BAGGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against judgment dated 05.11.2012 and order dated 07.11.2012, rendered by learned Additional Sessions Judge, Barnala, in Sessions Case No. 49 dated 20.12.2010. Appellant Gurwinder Singh alias Bagga along with his parents, namely Baldev Kaur and Dalbara Singh, was charged with and tried for the offences punishable under Sections 304-B/498-A/302 IPC. He was convicted and sentenced under Section 302 IPC to undergo imprisonment for life and to pay fine of Rs. 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one year. He was also convicted and sentenced under Section 498-A IPC to undergo rigorous imprisonment for two years and to pay fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for three months. Both the sentences were ordered to run concurrently. Co-accused Baldev Kaur and Dalbara Singh were acquitted of the charges framed against them.

(2.) The case of the prosecution, in a nutshell, is that Veerpal Kaur, aged about 26 years, daughter of complainant Gurcharan Singh, was married with accused Gurwinder Singh alias Bagga, in the month of March, 2004. Accused Dalbara Singh was father-in-law and accused Baldev Kaur was mother-in-law of deceased Veerpal Kaur. Sufficient dowry was given to Veerpal Kaur by the complainant at the time of her marriage. One son and one daughter were born from the wed-lock. Accused Gurwinder Singh used to harass his wife. After the birth of female child, he used to force Veerpal Kaur to bring money from her parents. Complainant arranged Rs. 20,000/- and went to the house of accused along with Baldev Singh. The amount was paid to accused Gurwinder Singh, Dalbara Singh and Baldev Kaur. He requested them not to harass his daughter. Thereafter, Gurwinder Singh started demanding motor cycle. He used to beat Veerpal Kaur. Complainant arranged Rs. 10,000/- and went to the house of accused along with Mohinder Singh. He paid the same to the accused. From the last 3-4 days before the occurrence, Veerpal Kaur had been continuously calling the complainant on telephone. She informed that her husband was again harassing her. He used to beat her with demand of more dowry from her parents. On 22.08.2010 at about 8.00 AM, he along with his neighbour Mohinder Singh went to the house of the accused. He saw his daughter lying dead. Her body was placed on a cot in the courtyard of the house of the accused. Froth was coming out of her mouth. She had injury marks around her neck. Foul smell was coming from her mouth, which was probably due to poison. The villagers were present. However, the accused were missing from their house. FIR was registered. The dead body was sent to Civil Hospital, Barnala for post mortem examination. The post mortem was conducted by Dr. Neera Chopra. Viscera was preserved. It was sent to the office of Chemical Examiner. Torn clothes of the deceased along with one vial of poison were got recovered at the instance of accused Gurwinder Singh. These were sent for FSL examination. Chlorpyriphos was detected on torn clothes and the plastic container bearing label "Naag" insecticide. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. They examined as many as seven witnesses in support of their defence. Accused Gurwinder Singh alias Bagga was convicted and sentenced, as noticed here-in-above. Hence, this appeal.