Major Singh & Anr vs State Of Punjab

2. Brief facts which led to the filing of this appeal are as under: PW1-Sukhdev Singh's daughter Karamjit Kaur was married to accused Jagsir Singh son of Major Singh Jatt appellant No.1, resident of Badiala about 21/2 years back. Case of the prosecution is that Karamjit Kaur's husband and her in-laws harassed his daughter in connection with demand of dowry. Deceased Karamjit Kaur informed PW1-Sukhdev Singh several times about the ill-treatment and harassment meted out to her and the demand of scooter raised by the accused. PW1-Sukhdev Singh reported that on 10.8.1996 at about 10.00 a.m., he went to village Badiala to enquire about the well-being of his daughter and when he reached there he witnessed that Jagsir Singh, his father-Major Singh, his mother-Mohinder Kaur and his sister-Golo @ Jaspal Kaur all were dragging his daughter Karamjit Kaur towards the 'subat' while she was struggling to breathe. On seeing PW1- Sukhdev Singh and his son PW3-Manga Singh, the accused persons ran away and Karamjit Kaur breathed her last. PW1 informed Panchayat that accused persons gave poison to his daughter in greed of getting more dowry. Complainant left PW3-Manga Singh to guard the dead body of his daughter and went back to his village Balianwali and gave information about the unnatural death of his daughter to his family and Panchayat. He gave his statement to Kirpal Singh Sub Inspector of Police -PW6. On the basis of statement of PW1-Sukhdev Singh, F.I.R No.81 dated 14.8.1996 was registered under Section 304B and 498A IPC against the accused persons. PW6 had taken up the investigation and conducted inquest and recorded statement of witnesses. He sent the body of deceased-Karamjit Kaur for autopsy. After investigation, the accused persons were charge-sheeted for offences punishable under Section 304B and 498A IPC to which the accused persons pleaded not guilty and claimed trial.

4. The trial court vide judgment dated 27.11.1998 convicted and sentenced the accused Jagsir Singh (husband), Major Singh (father-in-law), Mohinder Kaur (mother-in-law) under Section 304B IPC and sentenced each of them to undergo seven years rigorous imprisonment with a fine of Rs.500/- each with default clause. The trial court, however, gave benefit of doubt to accused Golo @ Jaspal Kaur (sister of Jagsir Singh) and acquitted her and also acquitted all the accused under Section 498A IPC.

12. PW1-Sukhdev Singh, father of the deceased, has stated that after marriage his daughter Karamjit Kaur was being ill-treated and subjected to cruelty in connection with demand of dowry and that the accused were demanding scooter and that his daughter used to complain about the ill-treatment by the accused. PW1-Sukhdev Singh further stated that he informed the conduct of the accused demanding dowry to the village Panchayat and that he took Panchayat to village Badiala and thereafter he left his daughter at the house of the accused about one week prior to the occurrence. PW3-Manga Singh, brother of the deceased, had also spoken about the demand of dowry and that the accused had been ill-treating his sister in connection with demand of dowry and that they were demanding a scooter.

18. In the result, conviction of the appellants under Section 304B IPC is set aside and this appeal is allowed. Appellant No.2-Mohinder Kaur is on bail and her bail bonds stands discharged. Appellant No.1-Major Singh who is in custody is ordered to be set at liberty forthwith.

.......................J (T. S. Thakur) .......................J (R. Banumathi) .......................J (Amitava Roy) New Delhi;

April 8, 2015