- (1.)The Appellant aggrieved by his conviction Under Section 304B of the Indian Penal Code (for short the 'Indian Penal Code') and sentence of rigorous imprisonment for seven years has preferred this appeal with the leave of the Court. The Appellant happens to be the husband of Tejinder Kaur. The marriage had taken place on 04.10.1990 at Zira. On 30.05.1993 at about 5.20 p.m. the dead body of Tejinder Kaur was found on the railway track between Daun Kalan and Patiala railway stations. The deceased was run over by the train. Nobody appeared to claim the dead body of Tejinder Kaur. After post mortem, photographs were taken for the purpose of identification and the dead body was cremated. On 04.06.1993, the identity of the deceased came to be known. On 06.06.1993, PW-7 Maan Singh father of the deceased gave report and on that basis, the First Information Report was registered. According to the prosecution, Tejinder Kaur, wife of the Appellant committed suicide due to harassment caused by her husband in connection with the demand of dowry.
(2.)The police after usual investigation submitted the charge-sheet and the Appellant was committed to the court of sessions to face the trial. He denied to have committed any offence and from the trend of the cross-examination, his defence seems to be that the deceased met with an accidental death and there was no question of her being subjected to harassment in connection with the demand of dowry as both of them were living happily. In order to establish that, the Appellant had examined D.W.-1 Kamaljit Kaur and D.W.-2 Iqbal Kaur mother of the Appellant.
(3.)The trial court on appraisal of evidence came to the conclusion that the prosecution has been able to prove all the ingredients necessary for commission of offence Under Section 304B Indian Penal Code and hence convicted and sentenced the Appellant as above. The same has been affirmed by the High Court in appeal.