BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALWINDER Singh son of Harnam Singh, the appellant-herein stands convicted by the impugned judgment dated 10.7.1991 of learned Additional Sessions Judge, Amritsar under Section 304-B IPC and has been sentenced to undergo RI for 7 years and to pay a fine of Rs. 500/-, in default of payment of which to further suffer RI for three months. However, he was acquitted of the offence under Section 302 IPC.

(2.) BALWINDER Kaur is the deceased in this case. She was married to the appellant about five years before her death. Two daughters were born out of this wed lock. At the time of their marriage and even at the time of occurrence, the appellant was serving in the Army. She died an unnatural death on the night intervening 30/31st of January, 1987 by hanging herself.

(3.) ON these allegations, a case under Section 302 IPC was registered. After completion of investigation the challan against the appellant was presented. Initially the charge against him was also framed under Section 302 IPC. Certain prosecution witnesses had also been examined when an application was moved on behalf of the prosecution for amendment of the charge with a prayer that in the alternative a charge under Section 304-B IPC be also framed. The said application was allowed and the learned trial Court on February 1, 1990 charged the present appellant under Section 304-B IPC in the alternative alongwith the main charge under Section 302 IPC, already framed against him. However, after framing of the amended charge, the appellant did not further cross-examine the witnesses of the prosecution, who had already been produced.