M.JEYAPAUL, J. - (1.) ACCUSED Pal Singh, Santokh Singh and Gian Kaur were convicted under Sections 304-B and 498-A of the Indian Penal Code (in short 'IPC'). They were sentenced to undergo rigorous imprisonment for seven years each under Section 304-B IPC. They were also sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- and in default, to undergo a further period of rigorous imprisonment for two months each under Section 498-A IPC. Both the sentences of all the accused are ordered to run concurrently. Hence, the appeal by all the accused before this Court.
(2.) THE brief story of the prosecution is that the victim Surjit Kaur was given in marriage to accused Pal Singh on 3.12.1993. At the time of marriage, there was no demand of dowry. But still PW4 Bakshish Singh, the father of the victim Surjit Kaur, gave sufficient dowry at the time of marriage. Just 20 days prior to the occurrence, the victim Surjit Kaur came down to the parental home and informed PW3 Baljit Singh and PW4 Bakshish Singh, the brother and father of the deceased respectively, that a scooter was demanded by all the accused. PW3 and PW4 alongwith ex-Sarpanch Jatinder Singh proceeded to the house of the accused. All the three accused made a demand of scooter. Four days prior to the occurrence, Surjit Kaur informed PW3 that the accused taunted her, but no demand of scooter was made at the time of such taunting. On 14.12.1996 Surjit Kaur was taken to the hospital by the first accused Pal Singh. She died in the hospital itself. Pw1 Dr. Gurpal Singh, Senior Medical Officer attached to Civil Hospital, Batala, conducted post mortem examination on the dead body of Surjit Kaur on 15.12.1996 and found that her nails, limbs and ear lobulus were bluish in colour. He has opined that Surjit Kaur died due to aluminum phosphide pesticide within about 36 hours prior to the post mortem examination.
(3.) ON the side of the defence as many as four witnesses were examined including the first accused Pal Singh.;