SATPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by accused Satpal Singh and Balbir Kaur, the husband and mother-in-law against the judgment and order dated 16.3.2002 passed by learned Additional Sessions Judge, Gurdaspur convicting them for murder of deceased Joginder Kaur and sentencing them to undergo imprisonment for life and to pay a fine of lis. 5,000 each and in default of payment of fine further rigorous imprisonment for one year each under Section 302 read with Section 34 IPC.

(2.) FIR Ex. PD was lodged with police station, Sadar Gurdaspur by the Investigating Officer ASI-Harbans Singh (PW13) on 26.9.1996 at 10.30 p.m. on the basis of the statement got recorded by Smt. Joginder Kaur (since deceased) before Sh. Jagdeep Singh, Tehsildar-cum-Executive Magistrate, Ludhiana (PW11) on 25.9.1996 at 4.15 p.m. in Room No. 2202, Ward No. 14 at CMC Hospital Ludhiana while undergoing medical treatment for severe burn= and after having been declared fit to make statement by Dr. Gurinder Singh (PW2). Joginder Kaur stated in her statement (Ex. PQ) that she was living with her husband (accused Satpal) at Village Ghot Pokhar, District Gurdaspur and on 24.9.1996 (Tuesday) at about 9.00 a.m., when she came back in the house after leaving her elder son in the school, her mother-in-law Balbir Kaur quarrelled with her and gave her abuses while saying that she always remained sitting idle and never does any work. Her mother-in-law also hurled abuses taking names of her parents and sisters. Her husband Satpal Singh, who was present in the house at that time started beating her and he struck something with force on her head with the result, she fell down on the ground and became unconscious. Thereafter, she could not know as to who set her on fire. Her father-in-law Jhanda Singh and her sister Amarjit Kaur, who is also married in the same village, removed her to the Civil Hospital, Gurdaspur. When she became fully conscious, she came to know that she had been badly burnt. She further stated that members of her parents family got her admitted in CMC, Ludhiana on 24.9.1996 in the evening at 6.30 p.m. Joginder Kaur affixed her signatures in English.

(3.) After recording of the statement on 25.9.1996 at 4.15 p.m., FIR was formally recorded on 26.9.1996 at 10.30 p.m. under Section 307/34 IPC and reached the illaqa Magistrate at 5.15 a.m. on 27.9.1996. Offence was converted to Section 302/34 IPC on the death of Smt. Joginder Kaur in the hospital on 2.10.1996 at 1.00 a.m.