MAHESH GROVER,J - (1.) THIS is an appeal against the judgment and order of sentence dated 19.2.1998 of the Sessions Judge, Ambala (hereinafter described as 'the trial Court') by which the appellant was convicted and sentenced in the following manner:- (i) for offence punishable under Section 304-B of the IPC to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment of six months; and (ii) for offence punishable under Section 498-A of the IPC to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2,000/- and in default of payment of fine, to further undergo rigorous imprisonment of three months.
(2.) BOTH the sentences were ordered to run concurrently. In this case, the appellant and the deceased shared the same name, i.e. Gurmeet Kaur. The appellant is the Bhabhi (brother's wife) of Manmohan Singh, husband of the deceased-Gurmeet Kaur alias Dimpi. The marriage between the deceased, who was a divorcee and Manmohan Singh, again a divorcee, was solemnized on 26.2.1995 according to Sikh rites and ceremonies in Ambala. The deceased was a qualified teacher and was teaching in a reputed school in the city. Her mother-Joginder Kaur was also a teacher in the same school. According to the allegations made in the FIR, the demands of dowry and other articles were made upon the family of the deceased by her husband and the appellant, who is stated to be exercising immense influence in their family. Inder Singh, the husband of the appellant, used to work in Delhi and remained away from Ambala where she was sharing the residence with the deceased and her husband. It was alleged that a demand of Rs. one lac was raised upon the family of the deceased and on 21.5.1995, she was subjected to beatings and again, a demand of Rs. 50,000/- was made, which could not be fulfilled. The husband of the deceased was also alleged to be having illicit relations with the appellant and it was alleged that they used to sleep in the same room on one bed even in the presence of the deceased.
(3.) ON 23.5.1995, Gurmeet Kaur alias Dimpi died on account of consumption of aluminium phosphate at about noon time. She is said to have called her parents, as a result of which Harpreet Singh alias Goldi, her cousin (father's sister's son) took the deceased to her parents' house on a scooter and since her condition became precarious, she was taken to "Dutta Nursing Home, Ambala" where she expired at about 4.00 p.m. barely within eighty seven days of her marriage.;