KULDEEP KUMAR AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been directed against the judgment of conviction and order of sentence dated 07.06.2003 passed by the Additional Sessions Judge, Fast Track Court, Ludhiana whereby the petitioners have been convicted and sentenced for commission of offence punishable under Sec. 304-B of the Indian Penal Code, 1860 (in short 'IPC') extracted hereunder :- <FRM>JUDGEMENT_26_LAWS(P&H)3_2017.htm</FRM>

(2.) Briefly stated, case of the prosecution is that on 02.07.1999 Raj Kumar son of Bansi Lal got recorded his statement that Suman, his youngest sister was married to Kuldip Kumar Sharma in Dec. 1998, according to Hindu customs. Dowry articles in the shape of Istridhan were given according to their capacity. The accused were not satisfied with dowry and after marriage they demanded Rs.25,000.00 on the ground that they had spent this amount on marriage and parents of Suman should compensate for the same. Suman told her parents and brothers about demand of Rs.25,000.00 and further informed that if she wanted to live happy in the matrimonial house, amount should be paid to the accused. Mother and brothers of Suman gave gold ear-rings and some other articles to Suman and sent her back to her in-laws house. They also assured Suman that they would go to her in-laws house and make them understand to settle the matter. About 2 1/2 months prior to the occurrence, Champa Devi, his mother and cousin brother Radhey Sham son of Ram Niwas went to meet Suman at village Lohara. Suman told them that her in-laws usually taunt her and also gave her beatings. She further disclosed that she is fed up from this kind of life. Mother of the complainant told in-laws of Suman that they have already given dowry at the time of marriage in accordance with their capacity and they should not make more demand. Champa Devi and Radhey Sham brought Suman with them to Ferozepur. After some days, Kuldip Kumar - accused No.1 along with his mother Veena Rani came to Ferozepur and apologized in the presence of brotherhood. They also assured mother of the complainant that they would behave properly in future. Suman was sent back to her in-laws' house. About one week before the occurrence, Suman came to Ferozepur to see her parents and revealed that her in-laws are demanding Rs.25,000.00 and also threatening her. The complainant assured her that some arrangement shall be made for payment of Rs.25,000.00 and she should not worry. She was sent back to her in-laws' house three days before the occurrence. On 02.07.1999 at about 10:30 AM, the complainant received telephonic call from Ludhiana that they should immediately reach village Lohara. The complainant along with his cousin Radhey Sham, President Jatinder Mohan and Charandass Handa reached village Lohara and noticed that Suman was hanging with a fan and she had died. The complainant stated that his sister had been killed by Kuldip Kumar Sharma, Veena Sharma, Lekh Raj and Pardeep Sharma and Ram Kishan Sharma.

(3.) On the basis of statement of the complainant, FIR No.260 of 1999 was registered in Police Station Sadar, Ludhiana. Postmortem of the dead body was got conducted. After inquest proceedings, site plan of the place of occurrence was prepared. On completion of investigation, challan was presented in the Court for commencement of trial.