BALJINDER KAUR Vs. STATE OF PUNJAB
LAWS(SC)-2014-11-33
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
November 19,2014
BALJINDER KAUR
Appellant
VERSUS
STATE OF PUNJAB
Respondents
Referred Judgements :-
HIRA LAL VS. STATE GOVERNMENT OF NCT OF DELHI [REFERRED TO]KAMESH PANJIYAR VS. STATE OF BIHAR [REFERRED TO]
BALDEV SINGH VS. STATE OF PUNJAB [REFERRED TO]
THAKKAN JHA VS. STATE OF BIHAR [REFERRED TO]
Cited Judgements :-
M.P. BHAVANI VS. STATE [LAWS(MAD)-2015-12-205] [REFERRED TO]VIJAY PAL SINGH VS. STATE OF UTTARAKHAND [LAWS(SC)-2014-12-49] [REFERRED TO]
GIRISH VS. STATE OF KARNATAKA [LAWS(KAR)-2021-9-294] [REFERRED TO]
DEEPAK VS. STATE OF U. P. [LAWS(ALL)-2021-3-44] [REFERRED TO]
ASHOK KUMAR SHARMA AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-9-49] [REFERRED TO]
GAJENDER SINGH VS. STATE [LAWS(DLH)-2020-3-77] [REFERRED TO]
KODAMANCHILI SRIRAMA SARMA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2017-9-69] [REFERRED TO]
KAUSHAL DEV AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2016-2-43] [REFERRED TO]
STATE OF H.P. VS. CHUNI LAL AND OTHERS [LAWS(HPH)-2016-5-124] [REFERRED TO]
CHANDRA BHAN MAURYA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-9-71] [REFERRED TO]
PUSHPARAJ & ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-3-362] [REFERRED TO]
BRIJESH VS. STATE OF U P [LAWS(ALL)-2017-3-322] [REFERRED TO]
CHANDRA BHAN MAURYA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-10-118] [REFERRED TO]
KOK SINGH VS. STATE OF M.P. [LAWS(MPH)-2016-12-117] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SATPAL [LAWS(HPH)-2016-6-104] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SANJEEV KUMAR [LAWS(HPH)-2016-8-305] [REFERRED TO]
BADAM SINGH VS. STATE OF U. P. [LAWS(ALL)-2022-12-89] [REFERRED TO]
SHAISTA & ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-1-455] [REFERRED TO]
BHARAT & 2 OTHERS VS. STATE OF U P [LAWS(ALL)-2017-3-320] [REFERRED TO]
RAKESH ETC VS. STATE [LAWS(DLH)-2019-1-220] [REFERRED TO]
BADAM SINGH VS. STATE OF U P [LAWS(ALL)-2017-10-246] [REFERRED TO]
SUKHBIRI AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2017-2-303] [REFERRED TO]
JAY SHANKAR SHUKLA & OTHERS VS. STATE OF U P [LAWS(ALL)-2017-3-383] [REFERRED TO]
MOHAN KUMAR VS. STATE OF U P [LAWS(ALL)-2017-3-378] [REFERRED TO]
ASHADEEN & OTHERS VS. STATE OF U P [LAWS(ALL)-2017-10-36] [REFERRED TO]
PRABHAWATI DEVI AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2017-1-128] [REFERRED TO]
JAI PRAKASH DUBEY VS. STATE OF U.P. [LAWS(ALL)-2017-3-91] [REFERRED TO]
PRADIP PAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-4-252] [REFERRED TO]
JUDGEMENT
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(1.)This appeal arises out of judgment dated 11.08.2010 passed by Punjab and Haryana High Court in Criminal Appeal No.703-SB of 1999, in and by which, the High Court confirmed the conviction of the appellants under Section 304B IPC and sentence of seven years rigorous imprisonment imposed on the appellant- Baljinder Kaur (sister-in-law) and second accused-Pritam Singh (husband) while acquitting father-in-law and mother-in-law.
(2.)Briefly stated case of the prosecution is as follows: Marriage of Sharanjit Kaur (deceased) was solemnized with second accused-Pritam Singh in the month of January 1997. Although PW-4 - Joginder Singh (father of the deceased) gave sufficient dowry at the time of his daughter's marriage, after two months of her marriage, the deceased told her father and Harbans Singh-the mediator of marriage that the second accused-Pritam Singh and his family members were demanding dowry and harassing her. About two months after the marriage, the appellant-Baljinder Kaur (sister-in-law) demanded for a gold karra as dowry. PW-4, the father of the deceased could not meet the demand of dowry, so he brought his daughter back to his house.
After one month, at the request of her in-law's, Sharanjit Kaur was sent back to her husband's house; but again after one month, she returned to her maternal house with the same demand of karra. Two days prior to her death i.e. on 24.08.1997, second accused-Pritam Singh took her back to the matrimonial house. On 25.08.1997 at about 6.00 P.M., first accused-Sohan Singh came to the house of PW-4 and informed him about deceased's illness. Immediately, PW-4 along with Darshan Singh (PW-5) and Harbans Singh rushed to the house of the accused and found Sharanjit Kaur vomiting and in a critical condition. The deceased stated that the accused had beaten her and administered some poisonous substance to her. PW-4 and others took the deceased to the hospital at Raikot, but she died on the way to the hospital.
(3.)PW-4 set the law in motion by lodging complaint on the next day i.e. 26.08.1997 at 11.00 A.M. with sub-inspector of police (PW-8) at Raikot. On the basis of the complaint, FIR No. 86 was registered on 26.08.1997 under Section 304B IPC. Board of Doctors consisting of PW-1-Dr. Varinder Singh, Medical Officer and two other doctors conducted autopsy on the body of deceased-Sharanjit Kaur, and opined that the cause of death of the deceased was poisoning. On completion of the investigation, charge sheet was filed against first accused-Sohan Singh (father-in-law), accused No.2 - Pritam Singh (Husband), accused No.3-Surjit Kaur (mother-in-law) and accused No.4-Baljinder Kaur (sister-in-law) under Section 304B IPC.
(2.)Briefly stated case of the prosecution is as follows: Marriage of Sharanjit Kaur (deceased) was solemnized with second accused-Pritam Singh in the month of January 1997. Although PW-4 - Joginder Singh (father of the deceased) gave sufficient dowry at the time of his daughter's marriage, after two months of her marriage, the deceased told her father and Harbans Singh-the mediator of marriage that the second accused-Pritam Singh and his family members were demanding dowry and harassing her. About two months after the marriage, the appellant-Baljinder Kaur (sister-in-law) demanded for a gold karra as dowry. PW-4, the father of the deceased could not meet the demand of dowry, so he brought his daughter back to his house.
After one month, at the request of her in-law's, Sharanjit Kaur was sent back to her husband's house; but again after one month, she returned to her maternal house with the same demand of karra. Two days prior to her death i.e. on 24.08.1997, second accused-Pritam Singh took her back to the matrimonial house. On 25.08.1997 at about 6.00 P.M., first accused-Sohan Singh came to the house of PW-4 and informed him about deceased's illness. Immediately, PW-4 along with Darshan Singh (PW-5) and Harbans Singh rushed to the house of the accused and found Sharanjit Kaur vomiting and in a critical condition. The deceased stated that the accused had beaten her and administered some poisonous substance to her. PW-4 and others took the deceased to the hospital at Raikot, but she died on the way to the hospital.
(3.)PW-4 set the law in motion by lodging complaint on the next day i.e. 26.08.1997 at 11.00 A.M. with sub-inspector of police (PW-8) at Raikot. On the basis of the complaint, FIR No. 86 was registered on 26.08.1997 under Section 304B IPC. Board of Doctors consisting of PW-1-Dr. Varinder Singh, Medical Officer and two other doctors conducted autopsy on the body of deceased-Sharanjit Kaur, and opined that the cause of death of the deceased was poisoning. On completion of the investigation, charge sheet was filed against first accused-Sohan Singh (father-in-law), accused No.2 - Pritam Singh (Husband), accused No.3-Surjit Kaur (mother-in-law) and accused No.4-Baljinder Kaur (sister-in-law) under Section 304B IPC.
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