AMRIK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Criminal Appeal No.719-DB of 2001 and 426-DB of 2007, arising out of FIR no.77 dated 23.8.1999 registered at PS Naggal, under Sections 302/34 IPC. Convict -appellant Amrik Singh has filed Criminal Appeal No.719-DB of 2001 challenging the judgment and order dated 14.8.2001 passed by the learned Sessions Judge, Ambala, convicting him under Section 302 read with Section 34 IPC and sentencing him to undergo life imprisonment and to pay a fine of Rs.5000/- and in default of payment of fine to undergo further RI for six months. Criminal Appeal No.426-DB of 2007 has been filed by convict-appellant Ajit Singh @ Jeet Singh, a Proclaimed Offender during the trial of his co-accused Amrik Singh, challenging the judgment and order dated 14.12.2006 and 15.12.2006 respectively whereby he was convicted by the learned Sessions Judge, Ambala, under Section 302 read with Section 34 IPC and sentenced to undergo life imprisonment.

(2.) As already noticed above, since both the appeals arise out of the same FIR, hence we proceed to dispose of both these appeals by a common order.

(3.) This is another unfortunate case where a daughter namely Saravjit Kaur, aged 19 years has died at the hands of her father Amrik Singh and his co- accused Ajit Singh @ Jeet Singh. As per prosecution case on 23.8.1999, Saravjit Kaur resident of Village Seikhupura, PS Naggal was brought to Civil Hospital, Ambala City at 7.10 pm for deep burn injuries on her person. On receipt of ruqa, ASI Purshotam Dass posted at PS Urban Estate, Ambala approached PW1 Sh.J.S.Dhanjal, the then Chief Judicial Magistrate/Duty Magistrate, Ambala City for recording the statement of injured. PW9 Mahabir Singh ASI posted at PS Naggal, on receipt of a telephonic message regarding said incident also reached Civil Hospital, Ambala. The learned Duty Magistrate recorded the statement Ex.PE of Saravjit Kaur in "question-answer" form at 8.50 pm, upon which formal FIR Ex.PE/2 was recorded at PS Naggal under Sections 307/34 IPC. According to Saravjit Kaur, her father (Amrik Singh) used to quarrel with her and on that day he alongwith Ajit Singh @ Jeet Singh had come to the house and both had taken liquor and abused her mother and thereafter her father and Ajit Singh @ Jeet Singh threw a match stick on her. She further stated that she used to stop her father from taking liquor and hence she was put on fire and suitable punishment be got awarded to them and that she had given the statement voluntarily. PW9 Mahabir Singh, ASI conducted the investigation before it was handed over to PW6 Harbans Singh, Inspector. PW9 Mahabir Singh, ASI visited the place of occurrence, prepared rough site plan, took into possession one match box, one can containing kerosene oil and one chaddar from the place of occurrence, and after making them into separate sealed parcels deposited the same with MHC.