BHARAT BHUSHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an unfortunate case where Bharat Bhushan - the appellant has been convicted for having scorched his own wife - Smt. Lata Rani. The case was registered on the statement of Kushal Kumar - the son of the unfortunate couple.

(2.) This young son is a lad of 14 years. He told Assistant Sub-Inspector - Sukhdev Singh (PW4) that his father who used to work as an Electrician "had fallen in bad company". He had stopped working. He had met with an accident. His leg was fractured. His grand-mother (appellant's mother) "who had died one year ago, had executed a will of her house in favour of" her daughter-in-law Lata Rani. His "father used to give beatings to... mother and harass her to dispose of this house, which was accordingly sold. Thereafter, a small plot was purchased in the Mohalla, half of which was sold and in the remaining portion a house was built. He used to ask. . . . mother to sell the said house also... father used to sit idle in the house. He was not doing any work. We being poor persons used to make both ends meet by working as labourers. Today, in the evening at about 6.30 p.m., my father and mother were quarrelling in the kitchen and he was asking my mother to dispose of this house". The mother protested. On this, the "father poured kerosene oil lying in a container of ghee on my mother and set her on fire with a match stick lying nearby and he immediately took my mother in his grip and told her that he would not allow her to escape by going outside the house". People gathered. Effort was made to save her. She, however, died due to burns.

(3.) The occurrence had taken place at 6.30 p.m. on January 8, 1994. On the basis of the statement of Kushal Kumar, a Diary Report had been recorded at 7.40 p.m. The formal FIR Ex. PE/2 was recorded at 8.10/9/10 p.m. The inquest report was prepared by Assistant Sub-Inspector - Sukhdev Singh. It is Ex. PB.The post-mortem was conducted by Dr. Prem Nath Dutta (PW1) at 2.30 p.m. on the next day. The death was due to "hypovolemic shock which was due to burn injuries... ... sifficient to cause death in ordinary course of nature."