A.N.JINDAL, J. - (1.) GURNAM Singh husband, Dhram Singh father-in-law, Sukhiwnder Kaur mother-in-law and Balbir Kaur sister-in-law of the deceased Jasbir Singh were tried for committing dowry death of Jasbir Kaur vide judgment dated 9.5.1996, by Sessions Judge, Faridkot convicted them under Section 306/34 IPC and all of them except Balbir Kaur were sentenced to undergo RI for four years and to pay a fine of Rs. 500/-. However, Balbir Kaur was ordered to be released on Probation under Section 4(1) of the Probation of Offenders Act, 1958.
(2.) THE allegations in brief are that Jasbir Kaur was married with Gurnam Singh accused 2-1/2 years prior to the incident. The accused being dissatisfied with dowry articles given to her at the time of marriage, had been harassing and maltreating her. After one year of marriage, having suffered cruelty at the hands of the accused, Jasbir Kaur had left for her parental house where she stayed for 7 or 8 months. However, the dispute was solved with the interventions of the respectables. About 2 months prior to her death, Manohar Singh maternal uncle of the deceased visited to her (in her in-laws' house) where Jasbir Kaur disclosed that all the accused were pressurizing her to bring Television and Refrigerator. Ultimately, on 25.4.1994, Dhram Singh accused went to Manohar Singh at Muktsar and told him that Jasbir Kaur had committed suicide by sprinkling diesel. Manohar Singh sent his brother Mohinder Singh to the father of the deceased and he himself along with Kishan Lal reached village Wadian where Jasbir Kaur was found lying dead. At this, Manohar Singh got registered a case against the accused under Section 304-B read with Section 34 IPC. The accused were arrested and after necessary investigation, they were challaned. Consequently, they were charged under Section 304-B IPC read with Section 34 IPC. The prosecution in order to substantiate its case examined. Dr. Rakesh Kumar Gupta PW-1, Nirmal Singh ASI PW-2, Balkar Singh, ASI PW-3, Chander Mohan HC PW-4, Avtar Singh HC PW-5, Krishan Lal PW-6, Ajit Sharma, Draftsman PW-7, Manohar Singh, Complainant, PW-8, Bahal Singh father of the deceased PW-9, Surinder Singh ASI PW-10.
(3.) IN their statements under Section 313 Cr.P.C. the accused admitted their relations inter se and that Jasbir Kaur was married with Gurnam Singh accused about 2-1/2 years prior to her death. The rest of the allegations of the prosecution were denied. The accused took up the following plea :- "Bahal Singh is Jat. His wife Pritam Kaur is Arora by caste. They had not married, rather Bahal Singh father of the deceased Jasbir Kaur is living with Pritam Kaur mother of the deceased. They are financially weak and they had been receiving money for the marriage of their daughters and had taken Rs. 7,000/- from us for the marriage of Jasbir Kaur with me. My father had taken loan of Rs. 8,000/- through a pronote from Tara Singh to pay Bahal Singh. There was no question of dowry. Due to the over poverty, nobody was ready to give hand of her daughter to me. We had to pay money as the price of the bribe (bride ?). Bahal Singh and his wife were trying to take Jasbir Kaur from our house in order to give her hand to Narinder Singh, Dewar of his elder daughter. Due to the poverty, the marriage of mine and Jasbir Kaur was performed in Hazi Rattan Gurdwara of Bathinda. The brothers of Pritam Kaur were not on speaking terms with her due to her elopement with Bahal Singh and they never visited her house. Only after the death of Jasbir Kaur they started joining hands with Bahal Singh. Manohar Singh and Mohinder Singh PWs were living in different houses for the last ten years." ;