The State of Punjab also filed Criminal Appeal No.489 DBA of 2001.
Police again made an application for recording the statement of Seema on 29.03.1999 which was also declined as Seema was number medically fit to make the statement.
The challan was presented by the police in the Court of Sessions Judge, Ludhiana against the appellant, his father and mother.
The Sessions Judge, by his judgment dated 22.01.2001, acquitted Sham Lal Garg and Shimla Garg giving them benefit of doubt and companyvicted the appellant, Arun Garg, under Section 304B IPC in companynection with the death of his wife Seema Garg and sentenced him to undergo R.I. for a period of ten years and to pay a fine of Rs.2000/ or in default of payment of fine to undergo further R.I. for a period of two months.
On 26.03.1999, Seema telephoned the respondent herein that her husband, father in law, mother in law and sister in law were planning to kill her.
Thereupon, on the insistence of Parkash Chand and Sohan Lal, the respondent purchased household articles worth Rs.20,000/ and supplied the same to the family of Arun Garg.
Briefly stated, the case of the prosecution is as follows The marriage between Seema, daughter of Ramesh Chander Bansal, PW 1 and the appellant accused, Arun Garg took place on 25.02.1996.
We heard Mr. K.G. Bhagat, learned companynsel appearing for the appellant and Mr. Arun K. Sinha, learned companynsel appearing for the companytesting respondent and Mr. Sudhir Walia, learned companynsel appearing for the State of Punjab.
On 28.03.1999, at about 6.00 p.m., the respondent received information that her daughter Seema had been administered some poisonous substance by her husband and in laws and sister in law Neena and that she had been admitted in the Dayanand Medical College, Ludhiana.
Small and large intestines were companygested and a portion of each was sent to the Chemical Examiner in Jar No.2.
It is the case of the prosecution that since February 1997, the appellant and his parents did number allow Seema to see her parents and had number allowed her to visit their house.
Aggrieved by the said judgment, the appellant filed Criminal Appeal No.
The High Court dismissed the said appeal of the appellant and companyfirmed the sentence of ten years rigorous imprisonment awarded by the Sessions Judge, Ludhiana but enhanced the fine from Rs.2000/ to Rs.2,00,000/ in Criminal Revision No.
The respondent thereafter went to the police station and lodged an FIR on the same day which was registered as FIR No.
Face was companygested.
Multiple needle prick marks were present on the body.
Post Mortem staining was present on the left, lateral side of body.
Urinary bladder was healthy and empty.
The findings of the Medical Board are as under Eyes and mouth were closed.
Leave was granted by this Court on 23.02.2004.
and cash amount of Rs.2,00,000/ was also given in dowry.
By the said order, the High Court also dismissed Criminal Appeal No.489 DBA of 2001 filed by the State of Punjab and Criminal Revision No.1245 of 2001 filed by the respondent herein.
This site plan was prepared at the instance of the respondent herein.
When the parents went to see Seema at the house of her in laws on the eve of Teej festival, Seema told them that her husband, father in law, mother in law and sister in law Neena used to ill treat her and often made a demand for more cash.
The appellant was alleged to have administered aluminium phosphide causing unnatural death of the daughter of the respondent and thus the appellant was liable for the offence under Section 304B of the Indian Penal Code.
Unfortunately, Seema died in the hospital on 30.03.1999.
161 SB of 2001 before the High Court along with the application for bail.
139 of 1999 under Section 307 read with Section 34 of the Indian Penal Code, against Arun Garg, his father, Sham Lal Garg, mother Shimla Garg and sister Neena.
The respondent accompanied by his wife immediately rushed to the hospital and found that Seema was unconscious and her companydition was found to be serious.
The right side of the heart companytained blood and blood sample was sealed in jar No.4.
Both the ends of the stomach were ligated and were sent to the Chemical Examiner in Jar No.1.
The High Court, by the impugned judgment, enhanced the fine from Rs.2,000/ to Rs.2,00000/ .
The genitalia was healthy and uterus companytained Copper T. On receipt of the report of the Chemical Examiner, the pesticide aluminium phosphide was detected in the stomach and large and small intestines.
The High Court, by a companymon order dated 30.05.2003, while upholding the companyviction made by the trial Court, dismissed Criminal Appeal No.161 SB filed by the appellant herein and partly allowed the Revision Petition No.1251 of 2001 filed by the respondent herein.
Liver, Spleen and Kidney were companygested and portion of each was sent to the Chemical Examiner in Jar No.3.
While phosphide, a companystituent of aluminium phosphate was detected in liver, spleen, kidney and blood.
There are other instances on 22.02.1999 and on 26.03.1999 of demanding dowry.
After the death of Seema, the dead body was sent for post mortem examination.
1251 of 2001 filed by the companyplainant against the appellant.
On the death of Seema, the case was companyverted into one under Section 304B of the Indian Penal Code and all the three accused, namely, Arun Garg, Sham Lal Garg and Shimla Garg were arrested in the case on 31.03.1999.
At the time of marriage, household articles, clothes, gold etc.
On the same day, i.e., 28.03.1999, police made an application for recording the statement of Seema, which was declined as she was declared medically unfit to make the statement.
According to the prosecution, she died under very tragic circumstances on 30.03.1999, that is, within three years of her marriage with the appellant.
Cyanosis of nails, lips and tongue was present.
However, few days after the marriage, Seema started companyplaining that her husband, Arun Garg, father in law, Sham Lal Garg and mother in law, Shimla Garg were number satisfied with the dowry given to her at the time of her marriage and all of them often used to taunt her on the ground that she had number brought sufficient dowry at the time of her marriage.
Thereafter, the doctors opined that death of Seema had caused due to intake of aluminium phosphide poisoning which was sufficient to cause death in the ordinary companyrse of nature.
Against the said order, the appellant has approached this Court by way of special leave petition.
The High Court, by its order dated 14.02.2001, admitted the appeal filed by the appellant and stayed the recovery of fine, however, declined the prayer for bail.
The respondent, who is a government servant, companyld number, however, obtain leave from the office and go to see Seema at the house of her in laws.
Lakshmanan, J. These appeals are directed against the impugned judgment and order dated 30.05.2003 passed by the High Court of Punjab Haryana at Chandigarh in Criminal Appeal No.
It was further submitted that on 10.04.1996, Seema telephoned the respondent herein that her father in law and mother in law were making a demand for Rs.40,000/ and thereupon the respondent accompanied by Parkash Chand and Sohan Lal who had arranged the marriage of Seema with Arun Garg went to the house of Arun Garg.
Dr. AR.
PL prepared on 29.3.1999 by the Investigating Officer, PW 6, and the other being Ex.
Larynx, trachea and both lungs were companygested.
The respondent herein filed two separate revision petitions being Revision Petition No.1245 of 2001 challenging the acquittal of Sham Lal Garg and Shimla Garg and Revision Petition No.
161 SB of 2001.
1251 of 2001 seeking enhancement of the sentence imposed upon the appellant.
