- (1.)Daljit Singh along with his wife Amarjit Kaur and two sons, Khushkismat Singh and Khuswant Singh, were tried for an offence under Section 304-B of the Indian Penal Code. After resultant trial, whereas they were acquitted under Section 304-B, IPC, they were held guilty and convicted under Section 498-A, IPC and ordered to undergo R1 for three years and to pay a fine of Rs. 1000/- each, or in default of payment of fine, to further undergo R1 for one year. Aggrieved, whereas, they have filed Crl. Appeal No. 386-SB of 1991 challenging the order of conviction and sentence, the State of Punjab has filed Crl. Appeal No. 124-DBA of 1992 seeking their conviction for the charge that was framed against them, i.e. under Section 304-B, IPC. Gurpreet Singh, for the same relief as also for enhancement of compensation has filed Crl. Revision No. 71 of 1992. By this judgment, we, thus, propose to decide two Criminal Appeals and revision, referred to above as they emanate from the same order of the learned Sessions Judge dated August 29, 1991.
(2.)The incident leading to unnatural death of Lakhwinder Kaur wife of Khushkismat Singh was reported to police by Gurpreet Singh, brother of the deceased on August 2, 1989 at 1.30 p.m. His statement was recorded by Surat Singh SI. As per the narration of events given by Gurpreet Singh, Lakhwinder Kaur died in the early morning of August 2, 1989. The special report with regard to incident reached the concerned Magistrate at 5.45 p.m. on August 2, 1989 itself.
(3.)Gurprit Singh stated that he was resident of village Bhamian Kalan and his sister Lakhbir Kaur was married with Khushkismat Singh Patwari son of Shri Daljit Singh of village Lal Kalan about four years back. They had given dowry at the time of marriage according to their financial status. Two daughters were born to her and they were aged two years and three years. Khushwant Singh, brother of Khushkismat Singh, intended to go abroad. Amarjit Kaur, mother-in-law of his sister, Daljit Singh, father-in-law of his sister and both the brothers started maltreating his sister asking her to bring Rs. 50,000/- from her parents so that they could send Khushwant Singh abroad. About two months earlier, her in-laws maltreated her and sent her to parental house at village Bhamian Kalan. She narrated the entire matter to him and his brother Harpreet Singh and told that her-in-laws were demanding Rupees 50,000/- and in case the said demand was not met out, they would make her life miserable. They were not in a position to pay the said huge amount. He then narrated the said matter to Karam Singh Sarpanch. Karam Singh Sarpanch and he took his sister to village Lal Kalan and left her in her in-laws house after consoling her that they would do something to arrange the money. He told this fact to his maternal uncle Harjit Singh son of Jiwan Singh, resident of Chak Mafi. He told him that some days ago, Lakhbir Kaur had met him at bus stand Samrala and she had asked him weepingly that they should do something as her in-laws were demanding money from her parents for sending Khushwant Singh abroad. He consoled her and sent her to her in-laws house at village Lal Kalan. A day before the occurrence, he further stated, he had gone to his sister's house at village Lal Kalan where a quarrel was going on in the family. Her mother-in-law Amarjit Kaur, father-in-law Daljit Singh, her husband Khushkismat Singh and her husband's younger brother were taunting his sister. On seeing him, they asked her that her brother had come and that she should talk to him. His sister again told him about their demand of money and further told that they had made her life miserable on account of non-fulfilment of their demand of money. He tried to advise husband and in-laws of his sister but they remained adamant. He returned to his village and again talked to his brother Harpreet Singh about it and told him that they should do something for arranging the money. Their maternal uncle Harjit Singh had also come to their house last night with some money for being paid to Lakhbir Kaur. On the day of occurrence at about 9 a.m., Nirbhai Singh son of Bhajan Singh, resident of Lal Kalan came to their village and told that Lakhbir Kaur had expired that day in the morning. On hearing it, his maternal uncle, Harjit Singh, brother Harpreet Singh, Karam Singh Sarpanch and other persons and he immediately reached village Lal Kalan and found Lakhbir Kaur dead on cot in the Verandah. He further stated that his sister had died after taking some poisonous matter due to the maltreatment meted out to her by her mother-in-law, father-in-law, brother-in-law and her husband. Leaving his maternal uncle Harjit Singh and other responsible persons near the dead body,he along with Karam Singh Sarpanch had come to the police station to lodge a report.