Judgment :-

MadanB. Lokur, J.

1. The question before us is whether the conviction of Kulwant Singh (appellant No.1), his father Gurtehal Singh (appellant no.2) and his mother Harminder Kaur (appellant no.3) for offences punishable under Section 304-B and Section 498-A of the Indian Penal Code (IPC) ought to be sustained. In our opinion, there is sufficient evidence on record to sustain their conviction.

The facts:

2. Rachhpal Kaur (deceased) married Kulwant Singh on 18th November 1984. It appears from the record that even though she brought sufficient dowry, she was harassed and maltreated by her husband and in-laws for bringing insufficient dowry. The harassment and maltreatment continued resulting in the intervention by the Panchayat on or about 13th September 1988 to sort out the problem so that the couple could live a normal married life. Unfortunately, the efforts of the Panchayat did not yield any positive result and about a month later on 14th October 1988 Rachhpal Kaur died under suspicious circumstances.

3. The record indicates that Rachhpal Kaur was taken to the Civil Hospital, Mandi Gobindgarh after rigor mortis had set in and there was froth coming from her mouth and nose. The appellants submitted an application Exh. DC for taking possession of the corpse without a post-mortem examination but that was not acceded to. A post-mortem examination was conducted on 15th October 1988 which revealed that Rachhpal Kaur was carrying a 26-week fetus. Some parts of her body were then removed, sealed and sent for chemical examination to the Chemical Examiner to the Government of Punjab, Patiala. The report of the Chemical Examiner, received much later, indicated the presence of aluminium phosphide (a pesticide) in the stomach of the deceased and phosphine, a constituent of aluminium phosphide, detected in her liver, spleen, right kidney and right lung. According to Dr. Asha Kiran, Medical Officer, Civil Hospital, Mandi Gobindgarh (PW-1) the contents were sufficient to cause the death of Rachhpal Kaur.

4. Her younger sister Avtar Kaur (PW-9) gave intimation of Rachhpal Kaur’s death on 15th October 1988 to her father Sukhdev Singh (PW-5). Thereupon Sukhdev Singh reached the hospital and claimed the body of Rachhpal Kaur and later cremated her.

5. Sukhdev Singh sought to lodge a first information report (FIR) regarding the suspicious death of Rachhpal Kaur but could not do so. The police authorities declined to register the FIR since the report of the chemical examination was not available. However, Sukhdev Singh did make an application in the concerned police station which was marked for necessary action to ASI Karnail Singh (PW-12) on 18th October 1988.

6. Eventually, after the cause of Rachhpal Kaur’s death was ascertained, FIR No.67/1988 dated 2nd November 1988 was registered and investigations commenced by the police.

7. The FIR broadly stated that sufficient dowry had been given to the appellants at the time of Rachhpal Kaur’s marriage with Kulwant Singh. However, a few days after her marriage she was maltreated for bringing insufficient dowry, treated with cruelty and beaten up several times. The FIR goes on to state that a Panchayat had visited the house of Kulwant Singh but he and the other in-laws of the deceased informed the Panchayat that they would continue to maltreat Rachhpal Kaur until their demands for dowry were fulfilled.

8. In the FIR, Sukhdev Singh stated that on 15th October 1988 he came to know from his daughter Avtar Kaur that Rachhpal Kaur had been murdered under suspicious circumstances. Sukhdev Singh was astonished to learn this and he reported the matter to the local police but they refused to take action since the report of the chemical examination had not been received. According to Sukhdev Singh, the appellants and other in-laws of Rachhpal Kaur had committed an offence punishable under Section 304-B and Section 498-A of the IPC for causing the death of Rachhpal Kaur.

9. Upon registration of the FIR and receipt