Naresh Kumar Sanghi, J. - (1.) CHALLENGE in this appeal is to the judgment of conviction and the order of sentence dated 14.01.2003 passed by the learned Additional Session Judge, Amritsar, whereby appellant Mehnga Singh was held guilty for the offence punishable under Section 304 -B, IPC, and was ordered to undergo rigorous imprisonment for ten years besides the payment of fine of Rs. 2,000/ - and in default thereof to undergo further rigorous imprisonment for two months. Darshan Singh and Mohinder Kaur, parents of appellant Mehnga Singh, were acquitted by the learned trial court.
(2.) PALWINDER Kaur @ Pappi (since deceased) was the wife of Mehnga Singh (appellant). Their marriage was solemnized about 06 years and 03 months prior to the unnatural death of Palwinder Kaur @ Pappi. Darshan Singh and Mohinder Kaur are the parents of Mehnga Singh (appellant), in other words, they were the parents -in -law of Palwinder Kaur @ Pappi (since deceased). Kulbir Singh -complainant (PW2) and Bawa Singh (PW4) are the brothers of Palwinder Kaur @ Pappi (since deceased). Jagtar Singh (PW1) and Gurdial Singh (PW7) are the co -villagers of Kulbir Singh and Bawa Singh. The FIR in the present case was registered on the statement of Kulbir Singh (PW2) wherein he alleged that the marriage of his sister Palwinder Kaur @ Pappi was solemnized with Mehnga Singh (appellant) about 06 years and 03 months back. The complainant side had given sufficient dowry articles to Smt. Palwinder Kaur @ Pappi. Parabjot Kaur aged about 04 years and Navjot Singh aged about 2 1/2 years were born out of the said wedlock. About 2 1/2 years prior to the occurrence, Mehnga Singh (appellant) raised a demand of scooter from his sister Palwinder Kaur @ Pappi and there arose a dispute. Thereafter, Palwinder Kaur @ Pappi was turned out of the matrimonial house by Mehnga Singh (appellant) and his parents and she had no option but to come to her parental house. She told everything to the complainant and the other members of the family with regard to demand of scooter by the appellant and harassment on that account. After a gap of 10 -12 days, Mehnga Singh (appellant) and his parents came to the house of the complainant and a Panchayat was convened in which in addition to others, Jagtar Singh (PW1), Gurdial Singh (PW7) also participated. As per agreement, an amount of Rs. 6,000/ - was paid to Palwinder Kaur @ Pappi and she was sent with the appellant and his parents. Thereafter as and when Palwinder Kaur @ Pappi visited the house of the complainant, cash amount was paid to her as per the capacity of the complainant side but even then the appellant did not desist from making the demand of scooter. About five months prior to the occurrence, Bawa Singh (PW4) had gone to meet his sister Palwinder Kaur @ Pappi and paid Rs. 5,000/ - but in spite of that the appellant continued to maltreat Palwinder Kaur @ Pappi. On 21.05.2000 at about 8.30 a.m., the complainant received a telephonic message from Amritsar that Palwinder Kaur @ Pappi had died. Thereafter, the complainant along with his family members and co -villagers reached the matrimonial house of his sister and found that her in -laws had made all the preparations for cremation of the dead body of Palwinder Kaur @ Pappi. The complainant and the persons accompanying him noticed foul signs of injuries on the neck of Palwinder Kaur @ Pappi and suspected that she was murdered by way of strangulation. After registration of the FIR (Ex. PA/2), Police Inspector Gian Singh (PW9) carried out the investigation. He prepared the inquest report, autopsy was got conducted from Dr. Jagdish Singh Gill (PW5) medical officer of the Civil Hospital Baba Bakala; the clothes of Palwinder Kaur @ Pappi were handed over to the police by the doctor, which were taken into possession vide recovery memo (Ex. PW8/A); rough site plan (Ex. PW9/A) of the place of occurrence was prepared. The appellant and his co -accused were arrested. Mehnga Singh (appellant) suffered a disclosure statement that he could get recovered the rope which was used by him for committing the murder of Palwinder Kaur @ Pappi. At the instance of the appellant, the said rope was taken into police possession vide memo (Ex. PW9/F). Rough site plan (Ex. PW9/G) of the place of the recovery of the rope was prepared. On completion of the investigation, the charge -sheet (report under Section 173, Cr.P.C.) was presented before the learned Area Judicial Magistrate.
(3.) THE copies of the charge -sheet along with the accompanying documents were supplied to the appellant and his co -accused free of costs as per the mandate of Section 207, Cr.P.C. Since the offence under Section 304 -B, IPC, was exclusively triable by the Court of Session, therefore, the learned Area Judicial Magistrate committed the case to that court for trial, in accordance with law.;