NISHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Nishan Singh (appellant) has preferred this appeal against the judgment of conviction and sentence dated 21.11.2000. The appellant was convicted under Section 304 B and 498 A of the Indian Penal Code. He was sentenced to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs. 4000/- for offence under Section 304-B of Indian Penal Code or in default of payment of fine to further undergo Rigorous Imprisonment for 2 years. He was further sentenced to undergo Rigorous Imprisonment for a period of two years and to pay a fine of Rs. 1000/- for offence under Section 498-A of the Indian Penal Code or in default of payment of fine to further undergo Rigorous Imprisonment for six months. However, all the sentences were ordered to run concurrently.

(2.) In brief facts of the case, are that FIR Ex. PB was recorded on the statement of Smt. Raj Kaur victim recorded by Judicial Magistrate on 10.4.1998.

(3.) In her statement Ex. PB Smt. Raj Kaur stated that on 9.04.1998 at about 3:00-4:00 p.m. Baksha Singh Jassa Singh, Amir Singh all brothers of her husband and her husband Nishan Singh poured kerosene oil upon her from the stove. Ranjit Kaur, Paramjit Kaur, Raminder Kaur and Harbans Kaur were present there and caught hold of her and sprinkled kerosene oil upon her. Thereafter, her husband Nishan Singh set fire by lighting match stick. She further stated that they used to demand dowry from her. Sometimes they demanded car and sometimes scooter. Her husband picked up stove lying in the room, opened the same and poured Kerosene oil upon her. Chanan Singh uncle of Harbans Kaur asked all of them to burn her, the stated that her relations with her husband were not cordial and he did not behave with her properly. Her mother-in-law Pritam Kaur tried to rescue her by putting clothes and water to extinguish the fire. She was brought to the hospital by her father and brother. She stated that till about one year of her marriage she did not tell anything to her parents with the hope that the better senses might prevail upon her in-laws. In the end, she stated that she is not willing to go to her in-laws' house. This statement was handed over to the ASI, Sh. Chand Ram, who sent it to the Police Station for registration of case. On this statement FIR No. 216 dated 10.04.1998 was registered. Smt. Raj Kaur died on 14.04.1998 in the hospital.