MEHTAB S.GILL, J. - (1.) This is an appeal against the judgment dated 10.8.1999 of the learned Sessions Judge, Kapurthala, whereby he convicted Manga Ram son of Harnama and his mother Channo wife of Harnama under Section 302 IPC read with Section 34 IPC. He sentenced them to undergo life imprisonment and to pay a fine of Rs. 5,000/- each. In default of payment of fine to further undergo R.I. for three months.
(2.) THE prosecution case is unfolded, by statement Ex.PF of Baldev made to SI Chhaju Ram at police station Sultanpur Lodhi. Baldev stated, that he is a resident of Village Farid Sarai and does labour work. Both his parents were alive. About 2 years and 3 months before the occurrence, marriage of her sister Kulwant Kaur was solemnized with Manga Ram son of Harnama. Differences between Kulwant Kaur and Manga Ram developed, as he suspected the character of his wife. Chano also taunted Kulwant Kaur about her character. In the intervening period, a son was born to Kulwant Kaur, whose age was 1 year and 3 months at the time of occurrence. His sister was again pregnant. About one month back his sister came to their village and stayed there for 10-12 days. Manga Ram came, he wanted to take Kulwant Kaur back to his house. Tarsem Lal, member panchayat was called. Tarsem Lal asked Manga Ram as to why he beat Kulwant Kaur. Manga Ram stated, that she was a woman of bad character and had also a bad character before her marriage. Complainant, his father Puran Chand and Tarsem Lal assured Manga Ram that the character of Kulwant Kaur was good. Thereafter Kulwant Kaur was sent with Manga Ram. On 29.5.1998, Baldev went to Village Jabo Suchar to meet Kulwant Kaur. Kulwant Kaur told him, that Manga Ram was maltreating her and her mother-in-law Chano taunted her. She felt danger to her life also. Baldev came back and told the whole story to his father Puran Chand and Tarsem Lal, member panchayat. At about 6.00 p.m., Manga Ram came to their Village Farid Sarai. Bladev was present in the house. Manga Ram told him, that he had to go to Sultanpur and Baldev should accompany him. Baldev borrowed the scooter of Mohinder Singh and both went to Sultanpur. They went to the Railway Station. Manga Ram went inside. He returned back and said that now they should go to Jabo Suchar. Baldev drove the scooter and Manga Ram sat on the pillion seat. When they approached Jabo Suchar, Manga Ram said, that Kulwant Kaur was angry with him and she had left the house at noon. Baldev then asked as to why he did not disclose this to him earlier and suspected that there was some foul play. Manga Ram then said, that let us search for Kulwant Kaur in Village Khurdan, where Jagiro, the sister of Manga Ram, met them. Jagiro said, that Kulwant Kaur had not come there. Then they returned back. Both Baldev and Manga Ram then went to Village Jabo Suchar. Manga Ram got down from his scooter and stated, that they would search for her tomorrow. Baldev after dropping Manga Ram, went towards Sultanpur from Jabo Suchar.
(3.) ON the way he thought, that Kulwant Kaur may have reached her house. He went back to his sister's house, but saw that his brother-in-law Manga Ram and his mother Chano were placing his sister Kulwant Kaur on a cot, which was lying in the Courtyard. Baldev came forward to see what had happened to his sister. He saw his sister had died. Manga Ram and his mother Chano then quietly slipped away from there. Baldev saw an injury on the right side of the throat of his sister and it appeared to be swollen. He raised an alarm. Neighbourers collected there. Thereafter Baldev left for his Village Farid Sarai to give the information to his parents and other relatives. On reaching his house, he told his parents about the death of Kulwant Kaur. He gave this information to Mohinder Singh, ex-Member Panchayat. On the basis of this statement, FIR Ex.PW9B was recorded on 1.6.1998 at 2.15 a.m. The special report reached the Ilaqa Magistrate on 1.6.1998 at 4.30 a.m.;