RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On the fateful night intervening January 25/26, 1994, Pushpa Rani suffered 95% burns on her body. In the early hours of the morning of January 28, 1994, she succumbed to her injuries. Raj Kumar the husband and Rakesh Kumar the brother-in-law (husband's younger brother) were tried for the offence punishable under S.302/34, IPC.They were found guilty and sentenced to undergo rigorous imprisonment for life. A fine of Rs. 200/- each was also imposed. In case of default in payment of fine, they were sentenced to undergo further rigorous imprisonment of one year. Aggrieved by the order of conviction and sentence, the two accused have filed this appeal.

(2.) The prosecution story was initially narrated by the deceased-Smt. Pushpa herself. She had made a statement before Mr. P.K.Sharma, Executive Magistrate, Chandi-garh on January 26, 1994 at 11-05 a.m. It reads as under :-

(3.) This statement was delivered to the Incharge, Police Post, PGI, Chandigarh. It was sent to the Police Station, Banur, District Patiala for recording the First Information Report. On receipt of the statement, the case was initially registered under Ss. 307/34, IPC.The statement is Ex. PC.The FIR is Ex. PC/2. The special report had reached the Judicial Magistrate, Ist Class, Rajpura at 11-15 a.m. on January 27, 1994. Smt. Pushpa having passed away in the early hours of January 28, 1994, the information was sent to the Police Station. Necessary change was, consequently made in the FIR.The offence was changed from S.307/34 to S.302/34, IPC.ASI Ranjit Singh (PW.9) had reached the "dead house" PGI, Chandigarh. He had prepared the inquest report. It is Ex. PG.The body of the deceased was identified by her brother-Sudhir Kumar (PW.1) and Krishan Chand Sood.