PAWAN KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused / appellants Pawan Kumar, husband of Arjun Kaur (deceased), Soni and Pinky, mother and sister of Pawan Kumar respectively stood trial for the offence punishable under section 304-B of the Indian Penal Code (for short IPC) and section 4 of the Dowry Prohibition Act in sessions trial no. 152 of 1995. Learned trial court after taking into consideration entire evidence on record convicted the accused appellants for the above sections and sentenced them to rigorous imprisonment for 10 years under section 304-B IPC and one year rigorous imprisonment under section 4 of Dowry Prohibition Act and a fine of Rs. 5000/- each. In default of payment of fine, they have been further ordered to undergo one year rigorous imprisonment.

(2.) Facts, in brief, are that Arjun Kaur was married to Pawan Kumar in the year 1993. She died having suffered burn injuries on 19.06.1994 i.e. after about one year of her marriage. The criminal law was set in motion on the complaint made by PW4 Chhinder Singh, brother of Arjun Kaur, on 20.06.1994 at about 2.00 p.m. vide written complaint exhibit Ka 1. According to the complainant, Arjun Kaur was being harassed by her husband Pawan Kumar and other family members since the time of her marriage. On 17.06.1994, Arjun Kaur along with her husband Pawan Kumar had visited the house of her parents. She had informed her parents that Pawan Kumar was demanding money for purchasing some articles for his shop but her parents expressed their inability to fulfil the demand at that time, however, promised to give money within 3-4 days. Accordingly, Arjun Kaur and Pawan Kumar went back to the house of Pawan Kumar, at village Suddowala on 18.06.1994. However, on 19.06.1994 at about 3.00 p.m. brother-in-law of Pawan Kumar along with another person came to the parental house of Arjun Kaur and informed that she had expired on account of burn injuries. Complainant and other family members went to Dehradun and found Arjun Kaur lying dead. He further stated that in-laws of Arjun Kaur had been making demand for money since the time of her marriage and were harassing her but they did not report the matter thinking that matter would be sorted out, but the accused have committed the murder of Arjun Kaur by causing burn injuries. On the basis of complaint, chick FIR was recorded on 20.06.1994 at 2.00 p.m. (exhibit Ka 5). Arjun Kaur was admitted in Doon Hospital, Dehradun on 19.06.1994 at 08.20 a.m. PW 5 Dr. D. M. Kala found superficial to deep burns on the whole body. The skin was peeling of at several places. Singeing was present on the hair and blisters were found on several parts of the body. Injuries were kept under observation. On account of burn injuries Arjun Kaur died on 19.06.1994 at 10.55 a.m. in the hospital itself. Information in this respect was sent to SO, Kotwali vide exhibit Ka 3. According to Dr. D. M. Kala, burn injuries on the person of Arjun Kaur could be caused at 7.30 a.m. on 19.06.1994 by pouring kerosene oil and setting her on fire. PW9 SI Sartu Lal received GD no. 22 dated 19.06.1994 in Hospital and was directed by SHO, Kotwali to prepare inquest report in this case. He, therefore, prepared the inquest report of the dead body of Arjun Kaur in the mortuary of Hospital. The inquest report is exhibit Ka 11.

(3.) The investigation was handed over to PW8 SSI Dalbeer Singh on 20.06.1994. He recorded the statement of PW4 Chhinder Singh and PW3 Balwant Singh and made inquiries from other witnesses. On inspection of scene of crime, he lifted empty bottle of kerosene and half burn clothes of deceased vide memo exhibit Ka-6 and exhibit Ka-7 respectively. He also prepared exhibit Ka-8, the scaled site plan of place of occurrence. He arrested accused Pawan Kumar and his mother Soni on 21.06.1994. Further investigation was conducted by PW10 Ajay Rautela, as investigation was handed over to him on 27.06.1994. He recorded the statement of earlier Investigating Officer and Head Moharir Suresh Chand and thereafter, went to the place of occurrence. He also recorded the statement of Balram, father of accused Pawan Kumar and PW7 Basanti, thereafter, he recorded the statement of other witnesses on 03.07.1994. Autopsy on the dead body of Arjun Kaur was conducted by PW6 Dr. Radhey Shyam Gupta along with Dr. Jaideep Dutta on 20.06.1994 at 12.30 p.m. He found that rigor mortis had passed over through the eyelids & neck and was present in all the four limbs. He found smell of kerosene oil on the person of Arjun Kaur and superficial to deep burn injuries on the whole of body. Skin was peeled off at several places, blackening of skin and blisters were found on the body. On internal examination, respiratory system and lungs were found to be congested. As per opinion of the doctor, cause of death was shock due to external ante mortem injuries. Burns were identified as having caused due to dry heat. According to him, body of deceased was having hundred percent burns.