STATE OF PUNJAB Vs. AMARJIT SINGH

JUDGEMENT

(1.) This appeal by speical leave is from a judgment of the High Court of Punjab and Haryana in Criminal Appeal No. 479-DB of 1985. The accused Amarjit Singh, respondent herein, was convicted by the trial Judge for his wife being 'put on fire'. He was sentenced to imprisonment for life. On appeal, the High Court, acquitted him. The validity of the order of acquittal is challenged in this appeal.

(2.) The prosecution case runs like this : Amarjit Singh was married to Balwinder Kaur on November 28, 1984. He had once gone abroad before the marriage. He wanted to go again. But he was short of money. He was pressing his wife to get him Rs. 16,000/- to cover his foreign travel expenses. On March 10, 1985, her brother, Sarwan Singh, came to take her to his village. But she was not allowed to go by her husband. He was actually insulted. Balwinder Kaur then told the brother that she was being pressurised and also throttled for not satisfying the dowry demand. Sarwan Singh returned to his village. It is in Bassi Kalan, Distt. Hoshiarpur. He apprised the matter to his father, Nasib Singh. On March 20, 1985, Balwinder Kaur when in the kitchen was found inflames. On hearing her shrieks neighbours collected and extinguished the fire. She was taken to Civil Dispensary, Bhogpur at 10.15 A.M. Dr. Jaswinder Singh, P.M. 4 found sixty per cent burn injury on her body. After giving her first aid, he advised that she be taken to Civil Hospital, Jullundur. Simultaneously he sent intimation to Station House Officer, Bhogpur Police Station.

(3.) Balwinder Kaur was taken to Civil Hospital, Jullundur where she was admitted for treatment. Dr. Jasbir Singh, PW 5, admitted her and gave her morphia injection. It may be stated that she was also given a similar injection by Dr. Jaswinder Singh at the Civil Dispensary, Bhogpur. Upon intimation about the incident, ASI Kashmira Singh, PW 9 reached the Civil Dispensary, Bhogpur. He was informed that the patient was taken to Jullundur. He straight proceeded to the Civil Hospital, Jullundur. He reached there at 1.30 p.m. and enquired from the doctor whether Balwinder Kaur was in a fit condition to make statement. Dr. Jasvir Singh, who received the application to that effect informed the ASI in the negative. The ASI returned to the Police Station.