SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence imposed by the learned Additional Sessions Judge, Ludhiana on the appellant for the offence under Sections 306 and 498-A I.P.C.

(2.) ACCORDING to the case of the prosecution, the deceased Baldev Kaur married the appellant about 8 years prior to her death. They had a son aged about 5 years. The appellant is a Truck Driver. He wanted to purchase taxi car to run by himself. He asked his wife Baldev Kaur to get an amount of Rs. 30,000/- from her brothers for that purpose. As she could not arrange money, she was being harassed and ill-treated by the appellant. On 22nd July 1986 the dead-body of Baldev Kaur was found floating in Bhakhra Main Bank Canal within the jurisdiction of Roona; P.S. Mullepur. On the basis of the complaint given by the brother of the deceased, a case was registered and after completion of investigation, a charge-sheet was filed against the appellant and his father for the offences under Sections 306 and 498-A, I.P.C. After committal of the case, the learned Additional Sessions Judge framed charges against the accused.

(3.) PW -1 conducted post-mortem on the dead body of the deceased. The post- mortem report shows that the deceased died due to asphyxia as a result of drowning and no injury was found on the person of the dead body. In order to prove that there was demand for money, the brothers of the deceased were examined, but their evidence does not inspire any confidence. Admittedly, Baldev Kaur had not written any letter to her brothers. Thus there was no occasion either for the brothers of the deceased or for the other witnesses namely Baldev Singh and Waryam Singh to see the accused demanding money and harassing his wife.