JUDGEMENT
Amar Dutt, J. -
(1.) Pritpal Singh, his wife
Gurcharan Kaur, his son Arvinder Singh
and daughter Gurpreet Kaur were charged
and tried by the Additional Sessions Judge,
Jalandhar under Section 304B of the Indian
Penal Code for the death of Varinder Kaur.
(2.) Briefly stated, the facts of the prosecution case are that Varinder Kaur
daughter of Jagjit Singh, resident of village Jalalabad
was married to Arvinder Singh in November, 1990. After the marriage;
the couple
lived in Guru Ravi Dass Nagar, Jalandhar
with the parents and sister of Arvinder
Singh appellant. The couple used to sleep
in the upper portion of the house and on
19.9.1991, at about 8.00 a.m., Arvinder
Singh had left for the College where he was
teaching. At about 9.00 a.m., Varinder Kaur
had gone upstairs but when she did not
come down till 1.00 p.m. Pritpal Singh
thought that she had gone to sleep and
Gurcharan Kaur went upstairs to ask her
to join them for lunch. The mother-in-law
found the door of the room bolted from inside and when on knocking she
got no response, Gurcharan Kaur came down and
informed Pritpal Singh. Pritpal Singh also
went upstairs. He tried to open the door and
on peeping in through the window, he found
the dead body of Varinder Kaur hanging
with the ceiling fan. Pritpal Singh approached Charanjit Singh, who
was working as an Extension Officer in the All India
Radio and got sent a telegram to the parents of the deceased. He also
approached
the police where he got his statement recorded. On reaching the house of
Pritpal
Singh, the police sent for a Photographer
and in the presence of Charanjit Singh,
Arvinder Singh etc., Satish Kumar, Photographer, took the photographs and
after bolt
of the door was broke open, it was found
that Varinder Kaur had tied a Dupatta
around her neck and committed suicide.
The statements of Pritpal Singh,
Charanjit Singh, Arvinder Singh,
Gurcharan Kaur, Gurpreet Kaur, Piara
Singh and Manmohan Singh were recorded
and post-mortem got done on the dead body
of Varinder Kaur.
(3.) On 20.9.1991, Jagjit Singh, father of the
deceased, had moved an application before
the Station House Officer, Police Station,
Division No. VI, Jalandhar, alleging that
even though at the time of wedding of
Varinder Kaur he had given dowry according to his capacity yet Gurcharan
Kaur,
Pritpal Singh and Gurpreet Kaur sister-in-law of the
deceased were not satisfied and
had developed bad relations with the deceased.
After sometime Arvinder Singh had
also developed a similar attitude and started
raising certain demands in the shape of
small articles and money. He also asserted
that he had tried to meet the demands but
when about a month ago prior to her death,
Varinder Kaur had visited her parents, she
had told them that her in-laws were not
satisfied with the dowry and were demanding a Maruti car for
rehabilitation. Jagjit
Singh had taken along with him some respectable
and requested the in-laws not to
harass her as also about their inability to
give a Maruti car. They had returned to
Dharamkot and on 20.9.1991, an employee
had told them that Varinder Kaur had died.
The case was investigated into and on
completion thereof a challan was put in
Court under Section 304B of the Indian Penal Code.;
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