PARMINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment I dispose of two criminal appeals No. 752-SB of 1998 titled Parminder Kaur Vs. State of Punjab and No. 871-SB of 1998 titled Piara Singh & another Vs. State of Punjab as in the opinion of this court both the appeals can be disposed of by one judgment because these appeals have arisen from the judgment and order dated 9.9.1998 passed by Additional Sessions Judge, Kapurthala, who convicted the appellants under Sections 304B and 498A of the Indian penal Code and sentenced them to undergo R.I. for 8 years each under Sec. 304B Indian Penal Code and 2 years each and to pay a fine of Rs. 500.00 each under Sec. 498A Indian Penal Code In default of payment of fine, each one of them was directed to undergo further R.I. for six months. The trial court also held that all the sentences shall run concurrently.

(2.) The brief facts of the case are that Karnail Singh complainant made a statement before the police that his younger sister Rajwant Kaur was married with accused Surjit Singh on 16.2.1996. The in-laws of his sister are greedy persons. After few days of marriage they started demanding scooter, fridge and fan in the form of more dowry including cash. The complainant gave them a fan and cash of Rs. 5,000.00 but the accused' did not stop torturing his sister Rajwant Kaur. They used to beat her for bringing insufficient dowry. On 7.6.1996 the complainant went to see his sister and his sister told him that she is being tortured for bringing insufficient dowry and that there is danger to her life. Accused can kill her at any time. The complainant pacified her and told her that married girls always look better in their in-laws house. On 17.6.1996 Tara Singh resident of village Dudwindi, brother-in-law of complainant went to village Kangna and told the complainant that in-laws of Rajwant Kaur has administered some poisonous substance to her and she is admitted in Takkar Hospital, Sultanpur Lodhi. The complainant, his father Sohan Singh and some other respectables visited Takkar Hospital, Sultanpur Lodhi and the sister of the complainant told him that her sister-in-law Parminder Kaur, husband Surjit Singh and father-in-law Piara Singh forcibly administered poison to her. She further stated that the accused have also got her statement recorded forcibly under pressure. The condition of Rajwant Kaur started becoming bad to worse. Therefore, the complainant took his sister to Tagor Hospital, Jalandhar, where she breathed her last. The matter was reported to the police. ASI Sarup Singh was entrusted the investigation. He recorded the statement of the complainant Ex. PF made his own endorsement Ex. PF/l and sent the same to police station of the basis of which formal F.I.R. Ex. PF/2 was recorded. During investigation inquest report of the dead body of Rajwant Kaur was prepared. Statements of the witnesses were recorded. The Investigating Officer also visited the spot and prepared rough site plan Ex. PL with correct marginal notes. Accused were arrested and post mortem was got conducted on the dead body of Rajwant Kaur from a Board of Doctors in Civil Hospital, Kapurthala. On receipt of the report Ex. P.C. of the Chemical Examiner, the doctors vide opinion Ex. PD opined that the cause of death of Rajwant Kaur was due to organo-phosphorus poisoning. On completion of the investigation of the case, all the three accused were challaned in the court of Area Magistrate, who supplied the copies of documents to the accused and vide commitment order dated 3.9.1996 committed the accused to the Court of Session.

(3.) Vide order dated 3.10.1996 charges under Sec. 302, or in alternative under Sec. 304-B, and 498-A Indian Penal Code were framed against the accused. Charges were read over, and explained to them, to which they pleaded not guilty and claimed a trial.