PREM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment and order dated 13-6-1992 passed by the Court of Sessions Judge, Hoshiarpur who convicted Prem Chandappellant under Sections 304-B and 498-A, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of ten years under Section 304- B I.P.C. Under Section 498-A, I.P.C. he was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2.000/-. In default of payment of fine he was directed to further undergo rigorous imprisonment for a period of one year. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the case are that Smt. Narinder Kaur was married to Prem Chand in the year 1986 and out of this wedlock male child was born. The deceased Narinder Kaur died at the house of her husband on 30-4-1990 and the death was mysterious and not normal or natural. From the post-mortem report and report of the Chemical Examiner it was found that Aluminium phosphide poison was that the cause of death of Smt. Narinder Kaur. It may be mentioned here that alongwith Prem Chand, his brother Tarsem Lal and Krishna Devi wife of Tarsem Lal were charge-sheeted but they were acquitted. Complainant in this case is Piar Kaur of the deceased. She made statement Ex. PG on 30-4-1990 at 9.30 a.m. to Kulwant Singh ASI who was then posted at Police Station Mukerian that her daughter Narinder Kaur had died at the house of her in-laws and she suspected her husband Prem Chand to be responsible because he had been harassing her continuously to compel her to bring money from the complainant about which report was made to the Panchayat also and that on that day younger brother of Prem Chand had come to her house at Mukerian and told her that her daughter was seriously ill and was to be taken to Pathankot. Resultantly, she went to the house of the in-laws of the deceased at Talluwal and found her daughter lying dead. Earlier the case was not registered against the appellant though prima facie cognizable offence was disclosed but only entry was made in the D.D.R. Later on 23-8-1990 the case was registered against the appellant and his companions. The post-mortem examination of Narinder Kaur also took place. Viscera was sent to the office of the Chemical Examiner and Aluminium Phosphide was found in it. After completion of investigation of the case, appellant and his companions were challaned in the Court of Area Magistrate who supplied copies of the accused and vide commitment order dated 6-12-1991 committed the accused to the Court of Sessions under Sections 304- Band 306 read with Section 34 of the Indian Penal Code.

(3.) The Trial Court framed charges against the appellants under Sections 498-A and 304-B. I.P.C. and in the alternative under Section 306. I.P.C. The charges were read over and explained to the accused to which they pleaded not guilty and claimed a trial.