important point
In absence of sufficient evidence of common intention, conviction u/s 34 is bad.

judgment

C.K. Thakker, J. —

1.The present appeal is directed against the judgment and order of conviction and sentence recorded by the Additional Sessions Judge-I, Kaithal dated May 17, 2001 in Sessions Trial No. 52 of 1999 and confirmed by the High Court of Punjab & Haryana on July 6, 2006 in Criminal Appeal No. 435-DB of 2003. By the aforesaid orders, all the appellants were convicted 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. Default sentence was also ordered.

2.The case of the prosecution was that Smt. Santro (deceased) was the daughter of PW2-Lakhmi Chand. Lakhmi Chand was having another daughter named Shero. Both the sisters (daughters of Lakhmi Chand) were married to two sons of Bijaaccused No.1. 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. According to the prosecution, though the marriage of both the sisters was solemnized in 1988, deceased Santro was unhappy at her matrimonial home. It was alleged that accused Raghbir Singh-husband of Santro was not happy with his wife. Santro was not beautiful, she had not brought sufficient dowry with her and also that she could not conceive and bear a child in spite of the fact that substantial period of about 7-8 years after marriage had elapsed. In view of the above facts, accused Raghbir singh became almost indifferent to Santro and nearly abandoned her. The Panchayat was informed and several meetings were held and ultimately, due to intervention of the Panchayat, after about ten years of the marriage and 5-6 months prior to the incident which took place in May, 1998, Santro again got married to Jagdish-accused No.3 (younger brother of Raghbir Singh) who was bachelor at the relevant time, by exchanging garlands (Jaimala). It was the case of the prosecution that the accused were not in favour of the second marriage of Santro with Jagdish, but they had to agree and the marriage was performed due to intervention and pressure by the Panchayat. That was said to be the motive on the part of the accused for causing death of deceased Santro.

3.According to the prosecution version, in the night intervening May 1st & 2nd, 1998, Santro died in the house of her in-laws. 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 nose and by smothering her.

4.According to PW2-Lakhmi Chand (father of deceased Santro), he was at his agricultural field in the night of May 1, 1998. There he received a message that his daughter was killed by all the four accused persons. He immediately went to his house from the field and accompanied by PW3-Sher Singh (Sarpanch of the village) and PW4-Ganga Singh (brother-in-law of PW2 Lakhmi Chand and maternal uncle of deceased Santro) went to the house of the accused and found dead body of his daughter Santro lying near the door of the room. An electric wire was hanging over the dead body of his daughter. 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. After usual investigation, charge sheet was submitted. It appears that initially the case was registered against the accused for offences punishable under Sections 498A, 304B read with Section 34, IPC. But, since the Court was satisfied that prima facie there was sufficient material to frame charge against the accused for an offence punishable under Section 302 read with Section 34, IPC, the charge was amended and all the four accused were also charged for an offence punishable under Section 302 read with Section 34, IPC in addit