BHUPINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals being Criminal Appeal No. 576/2002 and Criminal Appeal No. 693/2002. Accused Bhupinder Singh, his father Baldev Singh and mother Smt. Vandana were all charged under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as IPC) for having committed the murder of Sonia wife of Bhupinder Singh at village Saglayana on the night intervening 11.6.2001 and 12.6.2001. In the alternative they were all charged with having harassed and maltreated deceased Sonia on account of demand of dowry and treated her with cruelty and hence committed art offence under Section 498A, IPC. Thirdly all the accused were charged with having committed an offence under Section 304B, IPC as they had treated the deceased. Sonia with cruelty on account of demand of dowry soon before her unnatural death on the night intervening 11.6.2001 and 12.6.2001.

(2.) THE learned Sessions Judge, Solan vide his judgment dated 24.7.2002 in Session Trial No. 17 K/7 of 2001 has convicted accused Bhupinder Singh for the offence under Section 489A, IPC and sentenced him to 3 years imprisonment and fine of Rs. 5,000/ . In default of payment of fine the accused Bhupinder Singh has been directed to undergo simple imprisonment for six months. Bhupinder Singh has also been convicted under Section 304B and sentenced to undergo ten years simple imprisonment and fine of Rs. 20,000/ . In default of payment of fine the accused has been directed to undergo simple imprisonment for one year. Bhupinder Singh has been acquitted for the offence under Section 302, IPC. Accused Baldev Singh and Vandana have been acquitted with regard to all the charges.

(3.) THE facts necessary for decision of these appeals are that deceased Sonia was married to accused Bhupinder Singh on 1st August, 2000. Both of them were living together along with Baldev Singh and Vandana and other family members in one house in Village Saglayana, P.O. Sairi, Tehsil Kandaghat, District Solan, H.P. It is alleged by the prosecution that the accused had been treating the deceased with cruelty and had been repeatedly making demands of dowry from her. The mother, sister and other relatives of the deceased have appeared as prosecution witnesses to support this version. It is the case of the prosecution that the deceased was done to death on the night intervening 11.6.2001 and 12.6.2001 by all the accused in furtherance of common intention.