Judgment

Mr. Kuldeep Tiwari, J.

The appeal bearing No. CRA-D-62-DBA-2003 has been directed by the State of Punjab challenging the verdict of acquittal made upon respondent Manjit Kaur (co-accused) qua the charges framed against her, by the Additional Sessions Judge, Barnala, on 02.08.2022. On the other hand, the appeal bearing No. CRA-S-1326- SB-2002 has been filed at the instance of appellant Ranjit Singh, against the verdict of conviction dated 02.08.2002 and order of sentence dated 05.08.2002, recorded by the learned Additional Sessions Judge, Barnala, in case FIR No.25 of 11.05.2001, registered under Sections 304-B and 498-A of IPC, at Police Station Mehal Kalan, District Barnala, whereby he has been convicted for the offence punishable under Sections 304-B and 498-A of IPC, and, has been awarded sentence as under:-

2. Since both these appeals arise out of the same facts and a common impugned judgment, therefore, they are being taken together and decided accordingly.

FACTUAL MATRIX

3. The prosecution agency was set into motion on the complaint of Jagsir Singh (PW1), whereupon, SI/SHO Balbir Singh recorded his statement, Ex.PA. The relevant extract of his statement, Ex.PA, reads as under:-

“Stated that I am resident of aforementioned address and am an agriculturist. We are three siblings. My elder sister, Baljit Kaur, was married to Ranjit Singh son of Mohinder Singh, Jatt, resident of Mehal Kalan, about 1½ years back, as per customary rights. At the time of marriage of my sister Baljit Kaur, we had given dowry as per our capability. However, after 2/3 months of her marriage, her husband Ranjit Singh and her mother-in-law Manjit Kaur started harassing her on the pretext that sufficient dowry has not been given in marriage as per their status because they have only one son. Ranjit Singh and his mother Manjit Kaur used to harass her for bringing more dowry. Even, a couple of times, I along with my uncle (Massar) Baldev Singh son of Nahar Singh Jatt, resident of Sanghera, my maternal uncle (Mama) Amarjit Singh son of Inder Singh Jatt, resident of Jahangir, P.S. Dhuri, had gone to Mehal Kalan and tried to persuade them that we are poor persons and we have already given adequate dowry and then we returned from there. After about 7/8 months of the marriage, they gave beatings to my sister Baljit Kaur and sent her to Karamgarh and also asked her to return to their house only if she brings more dowry, otherwise, she need not return. While staying with us at Village Karamgarh, my sister Baljit Kaur gave birth to a male child, however, they did not even come to see the child. Thereafter, we convened a Panchayat and requested them, whereupon, Baljit Kaur was sent to their house. After about 2 months, Baljit Kaur telephonically informed me that she is being harassed for not bringing customary gifts (Shushak) and she asked me to visit her in-laws house along with our uncle (Massar) and maternal uncle (Maternal uncle). Therefore, on the next day, I along with my uncle (Massar) and maternal uncle (Maternal uncle) went there and stayed there at night. After having dinner that night, we had a conversation and Ranjit Singh and his mother Manjit Kaur told us that, in case, we want to settle my sister in the matrimonial house, we have to give customary gifts (Shushak) and more dowry or in lieu thereof, to give them Rs.30,000/- cash. Upon this, my sister told them that her father is no more in the world and she requested them not to harass her brother. However, they used bad langua