MEHTAB S.GILL,J - (1.) THIS is an appeal against the judgment/order dated 11.2.2002 of the learned Additional Sessions Judge, Gurdaspur whereby he convicted appellant Virender Singh son of Kartar Singh under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2000/-, in default, to further undergo RI for six months. He was also convicted under Section 498-A I.P.C. and sentenced to undergo RI for two years and to pay a fine of Rs. 500/-, in default, to further undergo RI for three months. Both the sentences were ordered to run concurrently.
(2.) THE case of the prosecution is unfolded by the statement of Tarsem Devi Ex.PD given to ASI Sanjeev Kumar on 12.8.1997 at 11 a.m. at Adda Nangal Bhoor. Tarsem Devi stated that she has three daughters and two sons. Her husband died about 16 years ago. All her daughters are married. Her daughter Kamla Devi was married about 10 years back with Virender Singh son of Kartar Singh. At the time of marriage, enough dowry was given as per her means. Virender Singh after about 2/3 months started beating her daughter Kamla Devi and he used to demand money. He did not give any expenses to her daughter to run the house, Tarsem Devi had to give money, so that the house of her son-in-law could run. Kamla Devi had two daughters. Name of the elder daughter was Manjila. She was about 9 years of age. Name of the younger daughter was Pooja (Deepu). She was about 6 years of age. Her elder daughter Manjila used to reside in Village Bhoop and her younger daughter lived in Village Lamini i.e. the village of her father Virender Singh. Virender Singh used to harass Kamla Devi. Out of grief she used to write letters to her sister Suresh Kumari. About 2-1/2 years back Tarsem Devi asked her son-in-law to give divorce to her daughter, but the matter was later on compromised. Virender Singh came back from Bombay on 26.6.1997. He started mis-treating Kamla Devi. On 4.8.1997 Tarsem Devi's elder daughter Suresh Kumari and her younger son Jasbir Singh paid Rs. 1000/- to Virender Singh, as he had demanded the money. At about mid-night on 4.8.1997 Virender Singh and his brother Ranjit Singh along with Kamla Devi came in front of her house in Village Bhoop, where she was residing with her parents in Himachal Pradesh on Scooter No. PB-35-9275. Virender Singh told Tarsem Devi that Kamla Devi was a big hypocrite. Tarsem Devi went near Kamla Devi who was along with Virender Singh. Kamla Devi told her that her husband had given her a severe beating and made her eat something. Tarsem Devi called her elder son Baljit Singh. Baljit Singh and Ranjit Singh then took Kamla Devi to Civil Hospital where Kamla Devi died on 5.8.1997 at 3.05 a.m. Deepu, the grand-daughter of Tarsem Devi told her that in the night at about 10.30 p.m. her father Virender Singh had given a beating to her mother Kamla Devi and thereafter made her eat medicine. The matter was reported to the Police Station, Indora (H.P.). Complainant party was busy with the Kirya Karam of Kamla Devi. On 12.8.1997 they came to know that the incident was within the jurisdiction of Police Station Sadar, Pathankot, as the occurrence had taken place in Village Lamini (Punjab). On the basis of this statement F.I.R. Ex.PD/3 was recorded on 12.8.1997 at 11.40 a.m. and the special report reached the Illaqa Magistrate at Pathankot on the same day at 2.10 p.m.
(3.) THE prosecution to prove its case, brought into the witness-box Baljit Singh PW-1, Suresh Kumari PW-2, Miss Deepu PW-3, Dr.B.M.Gupta PW-4, Tarsem Devi PW-5, Jagroop Singh PW-6, LC Satish Kumar PW-7, HC Onkar Singh PW-8, Rajesh Kumar Draftsman PW-9, Constable Gurdeep Singh PW-10, ASI Malkiat Singh PW-11, Pritam Singh SI/SHO PW-12, Dr. M.K. Saksena PW-13, ASI Sanjeev Kumar PW-14, and Inspector Jagdish Chand PW-15.;