AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal appeal and has directed against the judgment and order dated 16.1.1998, passed by the court of the learned Sessions Judge, Jalandhar, who convicted the appellant u/ss 304-B and 316 r/w Section 34, IPC, and sentenced him to undergo R.I. for a period of seven years u/s 304-B, IPC and to undergo RI for two years u/s 316, IPC, and to pay a fine of Rs. 1,000/- in default of payment of fine, the appellant was directed to undergo R.I. for three months.

(2.) Avtar Singh along with his father Prem Singh and sister Gurbax Kaur alias Baksho (since acquitted) were challaned by the Police Station, Nawan Shahar, for the offence u/ss 304-B, 498-A, 34, IPC and in due course, the challan was put in the court of the Area Magistrate for the purpose of commitment proceedings. The commitment proceedings, however, ended in committal of the appellant and his companions u/s 304-B, IPC.

(3.) The brief facts of the case are that deceased Balwinder Kaur was married with the appellant but after the marriage, the appellant and his two companions started taunting the deceased on the plea that the dowry brought was inadequate and they raised a demand for further dowry. They even had given beatings to the deceased on that score. On 16.1.1989, at about 3 PM, it was made known to the father of the victim that Balwinder Kaur had suddenly gone sick but when the father of the victim along with his brother went to see his daughter Balwinder Kaur, the latter was found unconscious and when she was taken to Civil Hospital, Nawan Shahar, she on admission was declared dead. In due course, Avtar Singh and his companions were charge-sheeted by the Addl. Sessions Judge, Jalandhar for the offence u/ss 304-B, 316 r/w 34, IPC to which none of them pleaded guilty.