Kashmir Kaur & Anr vs State Of Punjab

2. The brief facts which are required to be stated are that the deceased Darshana alias Darshan Kaur d/o Joginder Singh - PW.2 was married to one Ravail Singh about 11 months prior to the date of occurrence. According to PW.2 at the time of marriage he gave sufficient dowry but Jagir Kaur, the mother-in-law of the deceased, and the accused were not satisfied with the amount of dowry given in marriage. According to the prosecution, there was a demand for cash amount of Rs.30,000/- apart from a stereo set and scooter by way of dowry which the deceased Darshana was compelled to ask and get from her parental house.

3. Three days prior to the occurrence, the deceased was stated to have gone to her parental house, met PW.2 and requested him to arrange for the cash amount of Rs.30,000/- in order to fulfill the demand, when she stated to have also told PW.2 that she was being repeatedly tortured at the instance of the accused in her matrimonial home. PW.2 stated to have promised his daughter that he would arrange for the money in three to four days time after harvesting the crops and that she can return back to her matrimonial home.

4. On 03.11.1987, PW.3 Jagir Singh stated to have witnessed the torture meted out to the deceased Darshana at the hands of the accused in the morning and in the evening he came to know about the death of the deceased whose body was lying in the Civil Hospital at Taran Taran. PW.3 stated to have met Joginder Singh (PW.2) at his village called Nandpur and informed him about the torture meted out to his daughter in the morning and the subsequent death in the evening. Thereafter, PW.2 went to the hospital along with PW.3 and after identifying the body of his daughter he lodged a complaint with the Police Station Jhabal which came to be registered as FIR No.246/87 Exhibit PE/2 for offences under Section 304B read with 34 IPC as well as under Section 498A IPC.

7. The trial Court after detailed consideration of the evidence placed before it, both oral as well as documentary, found the appellant as well as her husband Lakha Singh guilty of the offences falling under Section 304B read along with 34 IPC as well as under Section 498A IPC. The trial Court after reaching the said finding convicted them for the abovesaid offences and imposed the sentence of seven years rigorous imprisonment each for the offence under Section 304B IPC and two years rigorous imprisonment for the offence under Section 498A IPC apart from a fine of Rs.1000/- each and in default to undergo further rigorous imprisonment for three months. The sentences were directed to run concurrently.

8. On the appeal preferred by the appellant as well as her husband having been rejected and the conviction and sentence having been confirmed, the present appeals have been preferred before us.

22. All the above factors clearly established the legal requirements for an offence falling under Sections 304B and 498A IPC with the aid of Section 113B were conclusively proved and the conviction and sentence imposed, therefore, do not call for interference.

23. The appellant Kashmir Kaur is on bail. The bail bond stands cancelled and she shall be taken into custody forthwith to serve out the remaining part of sentence, if any. The appeal so far as appellant No.1 is concerned stands dismissed.

24. The appeal so far as appellant No.2 i.e. accused Lakha Singh @ Lakhiwinder Singh is concerned, as held by us in the opening part of this judgment stands dismissed as having become infructuous even at the time it came to be filed. Accordingly, the application for substitution also stands dismissed.

December 12, 2012