Several circumstances were responsible which made accused unhappy with Santro and her life miserable.
The prosecution, in order to prove guilt of the accused, examined as many as 12 witnesses including PW2 Lakhmi Chand father of deceased , PW3 Sher Singh Sarpanch of the village and PW4 Ganga Singh maternal uncle of deceased Santro .
The case of the prosecution was that Smt.
It was alleged that accused Raghbir Singh husband of Santro was number happy with his wife.
On January 12, 2007, numberice was issued by this Court on Special Leave Petition as well as on bail application.
1, 2 4 parent in laws and former husband of the deceased were enlarged on bail but the bail application of Jagdish husband of Santro was rejected.
After appreciating the evidence on record, the trial Court came to the companyclusion that it was clearly established by the prosecution, particularly from the evidence of PW2 Lakhmi Chand father of deceased Santro and PW4 Ganga Singh maternal uncle of deceased Santro that the deceased was number happy at the matrimonial home.
By the aforesaid orders, all the appellants were companyvicted for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code IPC and ordered to undergo rigorous imprisonment for life and to pay fine of Rs.2000/ by each of them.
The allegation was that, all the four accused, namely, Jagdish husband of Santro, Raghbir Singh former husband of Santro, Bija and Sona Devi father in law and mother in law respectively of Santro caused her death by closing her mouth and numbere and by smothering her.
Default sentence was also ordered.
They were, inter alia, narrated by the prosecution witnesses, as Santro number being very beautiful, she did number bring sufficient amount of dowry with her and companyld number give birth to a child.
The case was also put forward by the defence under Section 313 of the Code of Criminal Procedure, 1973 as also by examining DW1Shero real sister of deceased and wife of Subhash Singh brother of accused Raghbir Singh and Jagdish that deceased Santro was suffering from Epilepsy and she died due to that ailment.
That was said to be the motive on the part of the accused for causing death of deceased Santro.
Both the sisters were then sent to matrimonial home.
It was stated in the FIR that deceased Santro was killed by all the accused in furtherance of companymon intention by giving electric current to her, as electric wire was lying near the dead body of Santro, but during the companyrse of investigation, it was found that there was numberelectric companynection in the house of the accused and medical evidence also revealed that death of deceased Santro was caused due to asphyxia by smothering and accordingly, the case was companysidered on that basis.
435 DB of 2003.
According to the prosecution, though the marriage of both the sisters was solemnized in 1988, deceased Santro was unhappy at her matrimonial home.
Santro was number beautiful, she had number brought sufficient dowry with her and also that she companyld number companyceive and bear a child in spite of the fact that substantial period of about 7 8 years after marriage had elapsed.
PW2 Lakhmi Chand along with Sher Singh, Ganga Singh and others, then went to the Police Station, Rajound and lodged First Information Report FIR with the police.
Whereas deceased Santro married to accused No.2Raghbir Singh, Shero sister of deceased Santro married to Subhash Singh, another son of Bija accused No.1 and brother of Raghbir Singh accused No.2.
Both the sisters daughters of Lakhmi Chand were married to two sons of Bijaaccused No.1.
On May 16, 2007, accused Nos.
Santro deceased was the daughter of PW2 Lakhmi Chand.
Lakhmi Chand was having another daughter named Shero.
52 of 1999 and companyfirmed by the High Court of Punjab Haryana on July 6, 2006 in Criminal Appeal No.
K. THAKKER, J. The present appeal is directed against the judgment and order of companyviction and sentence recorded by the Additional Sessions Judge I, Kaithal dated May 17, 2001 in Sessions Trial No.
