SURINDER @ SHINDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 18.1.2002 passed by the Sessions Judge, Rupnagar, whereby in case FIR No. 45 dated 29.5.1998 Under Section 302 IPC, Police Station Kurali, District Rupnagar, the accused-appellant has been convicted under Section 302 IPC, for having committed the murder of Punam and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5000/- and in default of payment of fine, to further undergo imprisonment for a period of three months.

(2.) In brief, the facts are that on 28.5.1998, a wireless message was received at Police Station Kurali from the Police Post P.G.I. Chandigarh, to the effect that one Satpal and his daughter Punam are admitted in PGI Chandigarh due to burn injuries. Upon this, ASI Ajaib Singh in the company of other police officials approached the Sub Divisional Magistrate, Kharar, and made a request in writing for recording the statement of said Punam, who deputed Naib Tehsildar-cum-Executive Magistrate for this purpose and thereafter, they reached PGI Chandigarh where the Naib Tehsildar-cum-Executive Magistrate made a written request for recording the statement of injured Satpal and his daughter Punam. As per opinion of the doctor, injured Satpal was declared fit to make statement while Punam was declared unfit as such. Then Satpal in his statement stated before the Naib Tehsildar-cum-Executive Magistrate that at about 10.30 AM when he and his daughter Punam were present in their house, the accused-appellant Surinder @ Shinder came with a bottle of kerosene oil and poured it on the shoulder of his daughter Punam and with the help of a match-stick, set her on fire and then ran away. He tried to save his daughter and in the process, he also sustained burn injuries. After recording the statement of Satpal, the same was sent to Sub Divisional Magistrate, Kharar, who handed it over to ASI Ajaib Singh and finally, the present case came to be registered. On the next day, i.e. 29.5.1998, the opinion of the doctor was again obtained when Punam was declared fit to make statement and she made statement. It may be mentioned here that three dying declaration were suffered by deceased, Punam; one before ASI Ajaib Singh vide Exhibit PT; second one was recorded by Dr. Rajinder Parsad vide Exhibit PT/2 and the third one before the Naib Tehsildar-cum-Executive Magistrate Pritpal Singh vide Exhibit PJ. In nut shell, in these dying declarations, deceased Punam has stated that on 28.5.1998 at about 10 AM when she was collecting utensils in the kitchen, accused-appellant Surinder @ Shinder, who is their neighbourer, came there and poured kerosene oil upon her from the Canny and then taking a match-box from the kitchen, ignited the fire. On her raising Raula, her father came there and put a Chader as well as water upon her but she received burn injuries. The cause of being put on fire, as given by her, is that on the day of Dussehra, he told that he loved her upon which she had given slaps to him and it was in order to take revenue of that incident that the accused had set her on fire after pouring kerosene oil on her. On 30.5.1998, Punam died at the PGI. Inquest report of deceased Punam was prepared and medical record obtained. Post-mortem on the dead-body of Punam was conducted by Dr. Surinder Singh, Medical Officer, PGI, Chandigarh, who gave post-mortem report, Exhibit PL. As per opinion of the doctor, the cause of death was irreversible hypo-bolemic shock due to 98% extensive burns. Statements of the witnesses were recorded. Accused-appellant was arrested on 1.9.1998.

(3.) Upon completion of investigation of the case, accused-appellant was challaned. After being produced in Court, he was charge-sheeted under Section 302 IPC to which he pleaded not guilty and claimed trial.