STATE OF PUNJAB Vs. NIRANJAN SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 3.2.1989 passed by the Additional Sessions Judge, Bathinda, vide which the respondents have been acquitted under Section 304 -B of the Indian Penal Code.

(2.) BRIEFLY stated the case of the prosecution is that Mst. Jailo, who was married to Bhola Singh, died within two months from the marriage on the intervening night of 26/27.9.1987 by taking insecticide (cypermethrin) in consequence of consistent demand of dowry by the respondents. Before the trial Court, the prosecution has examined Jit Singh PW -1, Dr. Rajinder Kumar Garg, PW2, Kartar Singh son of Mithu Singh, PW -3, Jagir Singh, PW -4, Kartar Singh son of Bhajan Singh, PW -5, Karnail Singh, PW6 and S.I. Lacchman Singh PW -7 in support of its case. Affidavits Exs.PF, PG, PH of AMHC Makhan Singh, C. Joginder Singh, C. Raghbir Singh respectively as well as reports of the Chemical Examiner Exs. PC and PM were tendered into evidence.

(3.) AFTER the prosecution closed its evidence, statements of the accused under Section 313 of the Code of Criminal Procedure were recorded, wherein they denied the correctness of the allegations of the prosecution and pleaded false implication. They maintained that the deceased ended her life on account of the fact that her husband was not of her liking. In defence the accused examined Mst. Surjit Kaur, DW -1 and Babu Ram, DW -2.