S.S.DEWAN,J - (1.) LACHHMAN Dass, Harbhajan Singh, Dhan Kaur and Gurdev Kaur appellants stand convicted under Section 498-A, Indian Penal Code. They have been sentenced to two years R.I. and a fine of Rs. 500/- or in default of payment of fine to undergo further R.I. for six months each. They have, however, been acquitted of the charge under Section 306 Indian Penal Code. They appeal.
(2.) SURJIT Kaur deceased was also known as Rani. She was married to Harbhajan Singh accused about three years prior to the present occurrence. Two children were born out of this wedlock. After about one year of the marriage, the accused started maltreating the deceased on account of inadequate dowry. At the time of birth of daughter of the deceased, the accused had remarked that her parents had not brought anything. They also used to say that she was not of fair complexion. The deceased always complained of maltreatment by the accused. The prosecution case is that after 21 days of the birth of the daughter, Harbhajan Singh accused had gone abroad and in his absence the other accused used to maltreat the deceased. During this period, she took D.D.T. and on receipt of this information, Surinder Rani sister of the deceased informed her parents and the deceased was taken to Phagwara for treatment. The deceased recovered and her parents were ot prepared to send her to in-laws but Surinder Rani intervened and Surjit Kaur deceased was sent to her in-laws. Harbhajan Singh returned from abroad after 1-1/4 years and even after his return, all the accused treated the deceased with cruelty, so much so that she was not allowed to speak with her sister Surinder Rani, whose house is at a distance of about 200/300 Karams from that of the accused. The prosecution story goes that Khushi Ram, father of the deceased, brought Ghee at the time of birth of son to Surjit Kaur and when the clothes were shown to the in-laws of the deceased, her in-law started taunting her that parents had brought nothing and the accused continued maltreating her. On 21.2.1985, Surinder Rani learnt that a dead body was lying near the well known as Pannuan well. She went alongwith her husband where some other persons were present and found that it was the dead body of Surjit Kaur. They set out for the police station to lodge the report and on the way the police met them Surinder Rani made a statement Ex. PB/3 on the basis of which formal F.I.R. Ex. PB/5 was recorded by Harbhajan Singh M.H.C. Jarnail Singh, A.S.I. went to the spot held inquest Ex.PB and sent the dead body of Surjit Kaur to the mortuary for autopsy. The accused were arrested on 2.3.1985.
(3.) DR . Jaswinder Singh PW1 conducted autopsy on the dead body of Surjit Kaur on 22.2.1985 at 11.30 a.m. Death was opined to be due to asphyxia as a result of drawing. The time that elapsed between injuries and death was stated to be less than fine minutes and between death and post-mortem within 36 hours. After necessary investigation, the accused were challaned and committed.;