GHANSHAM DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal appeal filed by Ghansham Dass, his father Balwant Raj and his mother Kailash Wati and has been directed against the judgment and order dated 22-9-1998 passed by the court of Additional District and Sessions Judge, Amritsar, who convicted the appellants under Section 306 nw S. 120-B, IPC and sentenced them to undergo R.I. for a period of 10 years each and to pay a fine of Rs. 2000/- each; in default of payment of fine, they were directed to undergo R.I. for two months each.

(2.) The prosecution version, as per FIR, Ex. PG/2 which was recorded on the statement. Ex. PG, of the complainant Sham Lal Sharma son of Rulda Ram Sharma, resident of House No. 2221, Ward No.7, Kurukshetra, is that the complainant originally hailed from Police Station Chheharta. He is retired police Sub Inspector and is living in Kurukshetra. His daughter Neelam was married with Ghansham Dass son of Balwant Rai, resident of village Basekre Bhaini, on 5-5-1985. One daughter and one son were born to them. After two months of her marriage, Kailash Wati, mother-in-law (accused) of Neelam started maltreating her. The complainant had given dowry according to his capacity at the time of marriage of Neelam of Kailash Watt mother-in-law. Balwant Rai father-in-law and Ghansham Dass husband of Neelam, who were not satisfied with the same and they were maltreating her. So much so they administered poisonous thing to Neelam on account of which her face was swollen. The complainant got treated Neelam and also got her checked up from other persons. However, a compromise was got effected by the Panchayat. Ghansham Dass admitted his mistake before the family members of the complainant that he had given some poisonous thing to Neelam at the Instance of his parents. The complain ant was also helping Ghansham Dass at the asking of his daughter Neelam. On 25-6-1993 the complainant received a telephonic message from his younger son-in-law Keshav Chander son of Swaran Lal, resident of Ghanaur that Neelam has died. Neither Ghansham Dass nor his parents gave any information regarding the death of Neelam. The complainant with his sons Varinder Kumar and Satish Kumar reached Jawahar Nagar. Chheharta had saw Neelam lying dead in the courtyard of the house. Her nails had become bluish. The complainant suspected that Ghansham in connivance with his mother and father had killed Neelam by administering her some poisonous thing or Neelam committed suicide by taking some poisonous thing not tolerating the maltreatment of her husband, mother-in-law and father-in-law.

(3.) Further, the case of the prosecution is that ASI Ajit Singh alongwith other Police Officials was present in Partap Bazar, Chheharta in connection with patrol duty. He got information about the death of Neelam wife of Ghansham Dass and reached their house where the complainant had reached and he narrated the occurrence. ASI Ajit Singh recorded the statement, Ex. PG of the complainant and made an endorsement. Ex. PG/I and it was sent to the police station for the registration of the case, on the basis of which formal FIR, Ex. PG/2, was recorded. ASI Ajit Singh prepared the inquest report. Ex. PC. of the dead body and rough site plan. Ex. PH, of the place of occurrence and got postmortem conducted on the dead body of Neelam. Kailash Wati and Ghansham Dass were arrested on 29-6-1993. On 5-7-1993, DSP, Chheharta conducted inquiry and found Kailash Wati and Balwant Rai as innocent and. consequently. Kailash Wati and Balwant Rai were discharged in the case, on the completion of the investigation of the case challan was presented only against Ghansham Dass in the Court of the Area Magistrate, who supplied the copies of the documents to this appellant and committed him to the Court of Sessions vide commitment order dated 14-10- 1993.