IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: August 25^th, 2025 The State of Punjab .....Appellant Versus Ujjagar Singh and others .....Respondents

2. Criminal Revision No.1376 of 2005 Joginder Dass alias Jinder .....Petitioner Versus State of Punjab and others .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON'BLE MR. JUSTICE H.S. GREWAL Present: Mr. Kunwarbir Singh, Assistant Advocate General, Punjab, for the appellant (in CRA-D-304-DBA-2004).

Mr. Gurinder Singh Dhillon, Amicus Curiae for the respondents (in CRA-D-304-DBA-2004).

Mr. Mitul Singh Rana, Amicus Curiae for the petitioner (in CRR-1376-2005).

Proceedings abated qua respondent No.1-Ujjagar Singh (vide order dated 02.04.2025). MANJARI NEHRU KAUL, J.

By this order, we propose to dispose of the above-mentioned appeal as well as the Criminal Revision Petition as they both arise out of a same occurrence.

2. CRA-D-304-DBA-2004 has been preferred by the State of Punjab and CRR-1376-2005 has been preferred by the complainant challenging the judgment of acquittal dated 22.10.2003 passed by learned Additional Sessions Judge (Ad hoc), Hoshiarpur, whereby the accused- respondents Ujjagar Singh (father-in-law), Rani (mother-in-law) and Surinder Kaur (sister-in-law)-, were acquitted of the charges under Section

304-B of the IPC.

3. For the sake of convenience, the facts are being taken from CRA-D-304-DBA-2004.

CASE OF THE PROSECUTION:

4. As per the prosecution, the marriage of Smt. Jaswant Kaur alias Sandeep Kaur (also called Akki) (hereinafter referred to as ‘deceased’), sister of complainant Joginder Singh, was solemnized on 27.12.2000 with Harmesh Kumar alias Munna son of accused Ujjagar Singh, according to Hindu rites and ceremonies. At the time of marriage, sufficient dowry articles were allegedly given. Allegedly, soon after the marriage, the accused-namely Ujjagar Singh (father-in-law), Rani (mother-in-law) and Surinder Kaur (sister-in-law)-started subjecting the deceased to cruelty and harassment on account of her having brought insufficient dowry. The accused allegedly raised specific demands, including that of a Maruti Car, and when these demands remained unfulfilled, the deceased was maltreated and beaten.

5. According to the prosecution, when the complainant contacted Harmesh Kumar, the husband of the deceased, who was residing in Dubai, regarding such maltreatment, he too supported the demands of his parents. He allegedly told the complainant that inadequate dowry had lowered their prestige in society. On several occasions, the deceased was turned out of her matrimonial home. About 10 to 12 days prior to the occurrence, she was beaten and sent back to her parental house. Subsequently, upon receipt of a telephonic message from Harmesh Kumar, insisting that the deceased either return to his parents' house or else sign blank divorce papers, the complainant and his family members took her back to her matrimonial home approximately six days before her death.

6. On the intervening night of 3^rd and 4^th of June 2002, the complainant Joginder Singh received a telephonic message around midnight to the effect that his sister had consumed poisonous tablets and was in a serious condition. On reaching the house of the accused, the next morning, along with his relatives, he found his sister Jaswant Kaur lying dead. It was alleged that she had been administered poison by the accused in furtherance of their common intention to get rid of her. The complainant noticed that her tooth was broken, blood was oozing out from her mouth, and a ligature mark was visible around her abdomen, thereby raising suspicion of homicidal violence.

7. The dead body was subjected to post-mortem examination by Dr. K.S. Saini (PW-4) on 05.04.2002. The trachea was found to contain 10- 15 cc of brownish fluid. The viscera was preserved and sent for chemical examination; however, no poison was detected therein. The cause of death was opined to be asphyxia due to aspiration. The do