Kanwaljit Singh Ahluwalia, J. - (1.) IN the present appeal preferred by Satwinder Singh @ Sukha and his mother Jasbir Kaur, challenge is to their conviction and sentence recorded by the Court of Additional Sessions Judge, Jalandhar who vide its judgment dated 22.2.2002 holding them guilty of offence under Section 304B IPC and vide a separate order of even date sentenced them to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 3,000/ -each. In default of payment of fine, they were to further undergo rigorous imprisonment for one year.
(2.) ON 14.2.1999 Appellant Satwinder Singh was married with Sarabjit Kaur @ Rano. Sarabjit Kaur died on 29.10.1999 in her matrimonial home in Village Khojpur in the circumstances other than normal. The allegations which have surfaced in the prosecution case are that both the Appellants were treating Sarabjit Kaur with cruelty and harassing her in connection with demand of dowry. Criminal proceedings in the present case were set into motion on the statement made by PW2 Nirmal Singh on the basis whereof FIR No. 81 dated 29.10.1999 was registered at Police Station Bhogpur under Sections 304B/34 IPC. Complainant stated that his elder brother Harbhajan Singh had died ten years ago. Harbhajan Singh was having one son and two daughters. Harbhajan Singh's younger daughter Sarabjit Kaur @ Rano was married with Satwinder Singh according to religious rites. At the time of marriage, the family of the complainant had given dowry according to their capacity. However, mother -in -law Jasbir Kaur and husband Satwinder Singh @ Sukha were not satisfied. After one month of marriage, they started taunting the deceased that she had not brought colour T.V. and a Fridge. Deceased Sarabjit Kaur came to the house of the complainant 1 1/2 months before the occurrence. At that time, her mother Charan Kaur, cousin Baldev Singh and Surjit Singh brother -in -law of the complainant were present. At that time Sarabjit Kaur @ Rano while weeping disclosed that her mother -in -law and husband taunt her and demand T.V. and a Fridge. She was sent back with the assurance that the complainant along with other family members will visit her matrimonial home within 2 -3 days. Thereafter, the complainant along with Charan Kaur, cousin brother Baldev Singh and brother -in -law Surjit Singh went to the house of the accused and enquired from them about their demand of dowry. They also requested to them that they were poor persons and will not be in a position to fulfill their demand. However, the accused stuck to their demand. It is stated that Sarabjit Kaur on 28.10.1999, a day before the occurrence, gave birth to a female child in the house of her in -laws. On the next day i.e. 29.10.1999 at 10.00 A.M. when the complainant along with family members were sitting, one Balkar Singh son of Karam Chand came and relayed the information that Sarabjit Kaur @ Rano had died at 3.00 A.M. in the night. On receipt of the message, complainant along with Charan Kaur mother of the deceased, Prem Singh Sarpanch and Baldev Singh reached in the house of in -laws of Sarabjit Kaur. At that time dead body of her niece was lying on a cot in the courtyard of the house. On physical examination, injuries were found on the feet of Sarabjit Kaur. Complainant expressed a suspicion in the FIR that deceased Sarabjit Kaur @ Rano had been killed by her in -laws. The above -said FIR was investigated and report under Section 173 Code of Criminal Procedure was filed. The Appellants were charged for offence under Section 304B IPC.
(3.) PW 1 Dr. D.S. Bimra, Medical Officer, Civil Hospital, Jalandhar conducted the autopsy on the dead body of Sarabjit Kaur, aged 20 years. He found burn injuries on the big toe of right foot, first toe and forth toe of right foot. Similar burn injuries were present on the left foot. The doctor also noticed that charring was present on all the burns. According to this witness, the cause of death in this case was asphyxia and was result of electric shock and was sufficient to cause death in ordinary course of nature. The injuries on the person of deceased were ante mortem in nature.;