SURMDER SINGH Vs. STATE

JUDGEMENT

(1.) Appellant Surinder Singh is the brother of the other two appellants. They were charged under Section 302 Indian Penal Code aided with section 34 Indian Penal Code and were sentenced to serve an importsonment for life.

(2.) One Smt. Sumitra, daughter of Chandroop Singh Malik Public Witness 9 is the victim in this case. She was 16 years old and on 6-5-1981, just a few months before the date of incident, she was married to the appellant Surinder Singh. As the evidence of both the sides led in the case shows, there were acute diffrence between the couple and according to prosecution these differences arose because Surinder Singh appellant was aggrieved that the deceased's father had not given sufficient dowry on their marriage. He was allegedly demanding a T.V.set and Fridge. The differences seem to have widened as the deceased had kept all her jewellery including 20 tolas of gold which ware given to her by her in laws, at her father's house and despite persistent demands by Surinder Singh she failed to fetch them back. After the marriage she paid quite a number of visits to her parents' house and on the last occasion she allegedly returned on 18th October 1988 to her husband's house at the intervention of the father of Surinder Singh. She was quite reluctant to return to the fold other husband and she apprehended danger to her life but was persuaded to go to her husband at house No. 25, Sarai Peepal Thala, Delhi, Her father, Chandroop Singh Malik Public Witness 9 sent her maternal cousin Public Witness 8 Ramesh Kumar with her with the direction that if the deceased is maltreated any more he should report it to him.

(3.) The date of incident in this case is 22-10-81 at 6.45 PM and the place of incident is house No. 25, Sarai Peepal Thala belonging to the accused The allegation against the appellants is that at that time the deceased was caugut hold by Santosh and Saroj, two sisters of Surinder Singh, while Surinder Singh appellant poured kerosene oil on her person and set her ablaze. She was taken to hospital by some neighbours and was allegedly also accompanied by Ramesh Kumar PW8. Ramesh Kumar PW8 at the time of incident had been sent to fetch vegetable and on return he found the deceased ablaze and he wrapped her with a bed sheet around her.