JAGJIT SINGH Vs. STATE

JUDGEMENT

(1.) The appellants, in these proceedings, impugn a judgment and order dated 28.04.1998 of the Additional Sessions Judge (hereafter trial court ) in S.C. No.49/1996 whereby they (i.e Jagjit Singh and co-accused Kulwant Kaur) were convicted of the offences punishable under Section 302 IPC, and acquitted for the charge under Section 498-A IPC. For the offence under Section 302 IPC, they were sentenced to undergo life imprisonment and fined a sum of 50,000 each. In default of payment of fine the convicts were directed to further undergo rigorous imprisonment for 2 years each. The co-accused Kulwant Kaur, died during the pendency of this appeal, therefore her appeal has abated.

(2.) The prosecution allegations were that on the night intervening the 27 th and 28 th of August, 1988, Smt. Swaranjit Kaur (hereafter the deceased ) was murdered in furtherance of the common intention between Jagjit Singh (her husband) (hereafter the appellant ) and Kulwant Kaur, her mother-in-law. The prosecution alleged that her death was caused by their pouring kerosene oil on her and burning her. The deceased was taken to the JP Narayan Hospital by the appellant and her father-in-law, with extensive burns. The prosecution alleged that the deceased made certain statements, one to Dr Deepak Garbyal (Ex. PW-14/A) at the time of admission to the hospital, at about 1.20 A.M on 28-08-1988, where she and her husband jointly stated that she was accidentally burnt in an accident, while she was heating milk for her child; it was alleged that she made a statement Ex. CW-1/A to one Dr. Munish Shandilya, where she stated that her husband and mother-in- law had poured kerosene over her and set fire to her, and that her father in law had extinguished the fire. The prosecution also relied on another, a last statement made by the deceased to the S.D.M. Shahdara (Ex PW-15/A) at 8-15 AM on 28.08.1988. In this statement to the SDM she spoke about her marriage, on 13.10.1986 with the appellant, and about her one year old daughter. She also mentioned the circumstances surrounding her burning, stating that earlier she went to tie Rakhi to her brother, and when she returned, in the evening, her husband chided and beat her as he had not been invited by her parents. She also stated that her parents and parents-in-law did not share cordial relations. Later that night when she went down to the kitchen to fetch milk for her child, her husband and mother-in-law caught her, poured kerosene over her, and set fire to her. When she cried for help, her father-in-law put out the fire, and then her husband and father-in-law admitted her to the hospital.

(3.) The deceased passed away on 31.08.1988, and the cause of death, according to the death report (Exhibit PW- 15/E, Exhibit PW- 21/A) was septicemic shock which resulted from 75% deep burns. The appellants were charged for the offences punishable under Sections 302 and 498-A IPC; they pleaded not guilty, and claimed trial. After considering the submissions, the Trial Court convicted the two accused on the basis of the dying declarations made to Dr. Munesh Shandilya (Ex. CW 1/A) and to the SDM, Shahdara Mr. Parimal Roy (Ex. PW 15/A) on the charge of murder under S. 302, but acquitted them for the charge punishable under Section 498A IPC.