Decided on July 10,2013



- (1.) Present appeal is directed against the judgment and order dated 18.01.2012 passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No. 301 of 2008 whereby appellants were held guilty for the offence punishable under Section 304- B, 316 IPC and were sentenced to undergo 10 years rigorous imprisonment each under Section 304-B IPC and sentenced to undergo 10 years rigorous imprisonment each under Section 316 IPC with the stipulation that both the sentences shall run concurrently.
(2.) Brief facts of the present case, inter alia, are that PW1 Jagdish Singh lodged an FIR on 10.10.2008 with police station Khatima, District Udham Singh Nagar stating therein that his daughter Manjeet Kaur was got married with one Jaswant Singh, son of Balvinder Singh, resident of Ashok Farm, police station Khatima, 7 months ago; he had given gifts and other items, in dowry, at the time of her marriage, as per his financial status; after 2-3 months of her marriage, Jaswant Singh (husband), his father Balvinder Singh, his brother Surjeet Singh @ Santu and his mother Jageer Kaur started taunting his daughter, saying that your father had not given anything to us, at the time of marriage, therefore, she should bring motorcycle and colour TV from her parents; his daughter told this fact to them, after coming to her parental house; on this, they went to the matrimonial house of Manjeet Kaur and tried to explain her in-laws that they were poor people, therefore, they would not be able to give anything; on this, her in-laws agreed but after some time, they again started torturing his daughter to bring the aforesaid items from her parents, however, his daughter did not leave her matrimonial house; on 10.10.2008, all the four accused persons killed his daughter by administering her poison; he received the information at about 04.00 p.m. about death of his daughter; thereafter, he along with some villagers went to Ashok Farm and with the help of police dead body of his daughter was taken to Government Hospital; therefore, after registering the FIR necessary action may be taken. Inquest report was prepared on the next day i.e. on 11.10.2008, in the presence of PW1, PW2, Lal Singh, Darshan Singh, Amar Singh, PW6 Sher Singh Ereda, Tehsildar, Khatima. As per inquest report, she was wearing 14 glass bangles and one Kada in left hand and 16 glass bangles in right hand. It was further mentioned in the inquest report that dead body was not having any injury mark except one old injury mark on her right elbow.
(3.) Post mortem was conducted on 11.10.2008 at about 01.30 p.m. During postmortem, small abrasions, in the upper & lower lip and on the right elbow were found and cause of death could not be ascertained, however, viscera were preserved. As per viscera report (Exhibit Ka 8), aluminum phosphide was found in stomach, intestine, liver, kidney and spleen.;

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