JUDGEMENT
MEHINDER SINGH SULLAR,J. -
(1.)THE pith and substance of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding
the instant criminal appeal and emanating from the record, as claimed by
the prosecution, are that, the marriage of appellant -convict Gurmej Singh
son of Gulzar Singh (for brevity 'the appellant') was solemnized with
Paramjit Kaur (since deceased), daughter of complainant Balwinder Kaur
(PW1) (for short "the complainant "), about six months prior to the
present occurrence. Although, sufficient dowry articles were stated to
have been given by her at the time of marriage of her daughter, but the
appellant was not satisfied with it. He used to pick quarrels and
demanded more money from her. She narrated the entire tale of woe to the
complainant. They requested him not to harass her as they were unable to
fulfill their illegal demand on account of paucity of funds. According to
the complainant that one month prior to the present occurrence, she had
come to her house and stated that the appellant gave beatings to her and
demanded more money. They took and left her in the matrimonial home.
Thereafter, they returned back. The same thing was claimed to have been
happened two days prior to the present occurrence. The complainant
requested the appellant not to harass her(deceased), but in vain.
(2.)THE case of the prosecution further proceeds that on 12.05.2000 at about 3.00 PM, Sawinder Singh, sister's husband of the complainant,
telephonically informed the complainant that Paramjit Kaur had consumed
some poisonous substance and had died on account of mis -behaviour of the
appellant. On receipt of the information, the complainant(PW1), his son
Bikramjit Singh (PW2), brother -in -law(Jeth) Avtar Singh and father -in -law
Dalip Singh reached her matrimonial home, where her dead body was lying.
The complainant claimed that her daughter Paramjit Kaur had consumed some
poisonous substance on account of harassment and demand of dowry by the
appellant. In this manner, he has committed the dowry death. In the
background of these allegations and in the wake of statement (Ex.PA) of
the complainant, the instant case was registered against the appellant,
vide FIR No.53 dated 12.5.2000(Ex.PA/2), for the commission of an offence
punishable under Section 304 -B IPC, by the police of Police Station
Ghuman, District Gurdaspur, in the manner described here -in -above.
After completion of the investigation, the final police report (challan) was submitted by the police. Having completed all the codal
formalities, the appellant was accordingly charge -sheeted for the
commission of indicated offence. As, he did not plead guilty and claimed
trial, therefore, the case was slated for evidence of the prosecution by
the trial Court.
(3.)SEQUELLY , the prosecution, in order to substantiate the crime against the appellant, examined complainant Balwinder Kaur as PW1, who has
deposed in the following terms: -
"Deceased Paramjit Kaur was my daughter and was married to accused Gurmej Singh today present in the court about six months prior to her death. The couple resided at village Chaul Chak, Teh. Pathankot. Again said Teh. Batala, Distt. Gurdaspur P.S.Ghoman. That, at the marriage, we had given dowry articles according to our status and means. However, the accused was not happy over it. My daughter used to tell me about the unhappiness of the accused over the dowry. Deceased also told me that the accused demanded money, more dowry articles and also used to beat her. That, one month prior to her death, the deceased had told me about the conduct of the accused and then only I, my husband Balkar Singh, my son Bikramjit Singh had gone to the house of the accused and also took along with us my deceased daughter and left her there at her matrimonial home. We met the accused and made fervent request with folded hands not to torture our daughter and to raise further demand of dowry as we had already given dowry articles according to our means. That, I alone had gone on 10.5.2000 to meet my daughter at her matrimonial home but no talk took place and I returned back on 11.5.2000 and thereafter, we received a telephonic message on 12.5.2000 from Surinder Singh my sister's husband (Jija) that my daughter Paramjit Kaur had consumed some poisonous substance and that she had died. That, after the receipt of the telephonic message, I, father -in -law Dalip Singh, my husband's elder brother Avtar Singh (Jeth) and my son Bikramjit Singh reached the house of the accused at village Chaul Chak at 5.30 P.M. and saw the dead body of my daughter Paramjit Kaur lying in the house. My daughter has died due to the cruelty, heaped on her by the accused. My statement was recorded by the police. The same was read over to me and after admitting its correctness I thumb marked the same. My statement is Ex.PA. "