STATE OF PUNJAB Vs. JAIBINDER DEVI

JUDGEMENT

(1.) This judgment disposes of above named appeal filed by State of Punjab and revision filed by the complainant against the judgment dated April 24th, 1995 passed by Additional Sessions Judge, Sangrur, whereby, respondents were acquitted in case bearing First Information Report No. 46 dated February 20th, 1991 under Sections 294, 306, 506 read with Section 34 of Indian Penal Code, Police Station Sangrur.

(2.) Kamlesh Rani (deceased) was neighbour of Gurwinder Singh alias Shinda- respondent No. 3. She was student of B.A. IInd year studying in Sangrur-10 Kms away from her village Badrukhan. Unfortunately, she set herself ablaze in her house on February 20th, 1991 at 8.15 AM. She was taken to Civil Hospital, Sangrur by her uncle Ram Kumar. Information (Exhibit PA/1) was sent to the Station House Officer, Police Station Sangrur by Doctor Avinash Chander Gupta (PW--1). Upon this, Durga Dass Bhatia (PW--7) reached the hospital. The Medical Officer vide opinion (Exhibit PA/5) declared Kamlesh Rani fit to make statement. Durga Dass recorded her statement (Exhibit PB). She stated that Gurwinder Singh alias Chhindi had written her 2-3 letters mentioning therein that he loves her. Not only that, whenever he used to meet her, he would ask her to marry him. Otherwise, he would take her forcibly. Out of fear, she did not inform any one. On February 19th, 1991 at about 6 PM Jaibinder Devi and her son Satish Kumar-respondents No. 1 and 2 came in front of her house and called her. She met them in the street. Satish Kumar handed over a letter to her written by Gurwinder Singh. It was written by Gurwinder Singh that she should meet him on February 22nd, 1991. On the ill-starred dayFebruary 20th, 1991 at about 8.15 AM, all the respondents came outside her house, Jaibinder Devi called her. She came in the street. All of them asked her to marry Gurwinder Singh. All of them again told her that if she did not marry, they would take her along with them. Due to fear, she set herself ablaze. On the statement of Kamlesh Rani (Exhibit PB) attested by the Medical Officers Avinash Chander Gupta (PW-1) and K.G. Singla (PW-3), First Information Report (Exhibit PB/3) was recorded. Kamlesh Rani succumbed to her injuries on February 21st, 1991. Dr. Avinash Chander Gupta (PW-1) and Dr. K.C. Goyal (PW- 2) found that Kamlesh Rani had received 100% burns and she died on account of burn injuries.

(3.) The spot was inspected by Durga Dass Bhatia Criminal Investigator (PW-7). One can and match box were taken into possession vide recovery memorandum (Exhibit PC). From the house of the deceased, a letter (Exhibit P3) purported to have been written by Gurwinder Singh to the deceased was also taken into possession vide recovery memorandum (Exhibit PB).