True Court CopyTM English


Criminal Appeal No. 1145 of 2012

Decided On: 08.04.2015

Appellants: Major Singh and Ors. Vs. Respondent: State of Punjab

Hon'ble Judges/Coram:
T.S. Thakur, R. Banumathi and Amitava Roy


R. Banumathi, J.

1. This criminal appeal has been preferred against the judgment dated 20.8.2010 passed by the High Court of Punjab and Haryana in Criminal Appeal No. S-1029-SB of 1998 whereby the High Court confirmed the conviction of the Appellants Under Section 304B Indian Penal Code and the sentence of imprisonment of seven years imposed on each of them.

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 Indian Penal Code 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 Indian Penal Code to which the accused persons pleaded not guilty and claimed trial.

3. To bring home the guilt of the accused in the trial court, prosecution has examined nine witnesses and three defence witnesses. The accused were questioned Under Section 313 Code of Criminal Procedure about the incriminating circumstances and the evidence and the accused denied all of them. In his statement, Appellant-Major Singh stated that none of them knew how to drive a scooter and therefore question of demand of the scooter did not arise. He further stated that PW1-Sukhdev Singh owned only 2 acres of land and having a large family of eight members, he was not in a position to give anything and therefore there was no question of demand of dowry.

4. The t........