HUKAM SINGH AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The first accused Hukam Singh and the second accused Mali Devi, the husband and mother-in-law of the deceased Suman, were convicted under Section 304-B of the Indian Penal Code and were sentenced each to undergo ten years rigorous imprisonment. They were also convicted under Section 498-A IPC and were sentenced each to undergo three years rigorous imprisonment and to pay a fine of Rs. 1,000/-each, in default to undergo further rigorous imprisonment for a period of three months. They have preferred the appeal.

(2.) The brief case of the prosecution as spoken to by the witnesses examined on its side is as follow :

(3.) Dr. Shashi Prabha (PW3) examined Suman, who was admitted for treatment at about 7:48 PM on 15.9.1997. She found that the injured Suman was in a conscious state of mind. Superficial to deep burns were present all over the body of Suman. Smell of kerosene oil could be felt. The skin was found peeled off at many places. Blackening of skin was also present at places and tongue was burnt. The injuries were found fresh. The medico legal report prepared by PW3 was marked as Ex.PC. She sent admission information Ex.PC/1 to the police. Thereafter, she sent a report Ex.PC/2 regarding the death of Suman to the Incharge Police Post Government Hospital, Karnal. Dr. S.P. Singal, Medical Officer attached to the General Hospital, Karnal, who was examined as PW6, conducted post mortem on the dead body of Suman and opined that the deceased had died due to extensive burns which were ante mortem in nature. He had also noted down a male foetus in the uterus of the deceased.