- (1.)This appeal is directed against judgment dated 9th December, 2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 471-SB of 1999 whereby the High Court confirmed the judgment and order dated 23rd April, 1999 rendered by Additional Sessions Judge, Mansa in Sessions Case No.14 of 12th May, 1997. The Sessions Court by the said judgment convicted the appellant u/s 304-B IPC and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.1000/-, in default of payment of fine, to further undergo rigorous imprisonment for a period of 2 months.
(2.)Apart from the appellant other family members, namely, Kuldip Singh, Darshana Devi and Parveen kaur were also accused before the Trial Court. They were acquitted of the charges leveled against them against which no appeal was filed by the State. Paramjit Kaur and Swaranjit Kaur were two other accused who were juvenile therefore their cases were separated.
(3.)The case of the prosecution, in brief, is that Amarjit Kaur (deceased) was married to accused-Davinder Singh (appellant herein) 6/7 months before the date of occurrence i.e. 3rd March, 1997. Teja Singh son of Bachittar Singh was the mediator in arranging the marriage. At the time of marriage, sufficient dowry was given by the parents of Amarjit Kaur as per their status, but after the marriage in-laws of Amarjit Kaur started torturing/coercing her to bring more dowry. Jaswinder Singh-complainant-brother of Amarjit Kaur and Teja Singh-mediator had requested the in-laws of Amarjit Kaur not to harass and torture her for dowry but they continued to maltreat and harass the deceased.
On 9.2.1997, marriage of Jaswinder Singh, complainant, was solemnized. Deceased and her husband Davinder Singh had attended the marriage. After marriage, Davinder Singh demanded Rs.20,000/- from the complainant on the ground that Jaswinder Singh was given more dowry than him. To settle deceased in her in-laws' house, Jaswinder Singh borrowed a sum of Rs.20,000/- and gave the amount to the appellant. But in-laws of the deceased were not satisfied and they continued to demand more dowry.

On 2.3.1997, deceased telephonically informed Jaswinder Singh that her in-laws were torturing and harassing her in connection with dowry. As per message, Jaswinder Singh and his maternal uncle Bhola Singh went to Budhlada to enquire about the welfare of deceased. The deceased informed them that she was being harassed for more dowry by her in-laws. They came back by saying that on the next day, they will come back with some respectable person to settle the dispute.

On 3.3.1997 at about 5.30 PM, Jaswinder Singh, his maternal uncle Bhola Singh and Teja Singh went to the house of accused- Davinder Singh. When they were near the gate of the house, then they heard shrieks and screams from the roof. After entering the house when they were going to the roof of the house, they found Darshana Devi saying that Amarjit Kaur should not be spared. She should be finished. All of them went to the roof of the house and then noticed Kuldip Singh, accused-Davinder Singh, Darshana Devi, Parveen Kaur, Paramjit Kaur and Swaranjit Kaur coming to the ground through staircase. The dead body of Amarjit Kaur was found in the bathroom in a burnt condition. Plastic cane and match box were found near the dead body. It is alleged that in-laws of Amarjit Kaur has murdered her by setting her on fire. Teja Singh was deputed to guard the dead body, when Jaswinder Singh and Bhola Singh went to lodge report. Rupinder Singh, Sub Inspector met the complainant near the crossing of Civil Hospital, Budhalda, where statement of Jaswinder Singh (Ex.P.D.) was recorded. After making endorsement, statement was forwarded to the Police Station, on the basis of which, formal FIR was registered.

On 7.3.1997, accused were arrested. After completion of investigation, challans was presented. Accused were charged u/s 304-B/149 IPC to which the accused pleaded not guilty and claimed trial.