HAZOOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 09.05.2001 (hereinafter as 'impugned judgment), whereby the learned Sessions Judge, Gurdaspur (hereinafter as 'trial Court'), has convicted and sentenced the appellants, as under :-

(2.) The brief facts of the prosecution case are that Palwinder Kaur d/o Buta Singh resident of village Khokhar, Police Station Sadar Gurdaspur, was married with Bua Singh son of Ajit Singh, resident of village Nano Nangal about 8 months prior to 7.11.1998. On 7.11.1998, on receipt of questy message from Police Station City Gurdaspur, to the effect that Palwinder Kaur w/o Bua Singh, resident of village Nano Nangal was admitted in civil hospital Gurdaspur with burn injuries. ASI Paramjit Singh along with alongwith other police officials had reached civil hospital Gurdaspur, after obtaining chit No. 1202 dated 7.11.1998 from P.S. City Gurdaspur. An application was moved before the doctor soliciting opinion regarding the fitness or otherwise of Palwinder Kaur to make statement and the doctor vide his endorsement had opined Palwinder Kaur to be unfit to make the statement. Rupinder Singh brother of Palwinder Kaur had met with ASI and made statement Ex. PB which was recorded by the ASI. He stated therein, that he had two brothers and three sisters and that his sister Palwinder Kaur was married with Bua Singh about 8 months back and that much dowry was given at the time of marriage of Palwinder Kaur; that just sometime after the marriage, the in-laws of Palwinder Kaur had started harassing Palwinder Kaur on the score that she had not brought sufficient dowry. They started raising the demand of Maruti car; that Palwinder Kaur was given severe beating by her inlaws and was sent to her parents house and Palwinder Kaur had narrated the tale of her sufferings to them there, stating that her husband Bua Singh, his brother Hazur Singh, Jagir Kaur w/o Hazoor Singh and Baljit Kaur wife of other brother of Bua Singh used to beat her and used to raise the demand of Maruti car; that they had consoled Palwinder Kaur assuring that they will make some contribution for the purchase of the car after selling the paddy crop and Palwinder Kaur was left in her in-laws house by them; that as and when he and his father used to visit Palwinder Kaur in her matrimonial home, Palwinder Kaur used to weep bitterly and tell them that her husband Bua Singh, his brother Hazur Singh, brother's wife Jagir Kaur and other brother's wife Baljit Kaur always used to harass her and that they had made requests to all the members of the in-laws family of Palwinder Kaur with the assurance that they will render the help whatever they could after selling the paddy crop, but that the in-laws of Palwinder Kaur were bent upon getting Maruti Car from them; that on 6.11.1998, he and his father Buta Singh had gone to the house of Rur Singh, his father's sister's husband at village Sirkian and they had spent the night with him at village Sirkian and that on the next morning after taking the breakfast, they along with Rur Singh had gone to the matrimonial home of Palwinder Kaur at village Nano Nangal. They had reached there at about 7.30 PM and had seen Bua Singh, Hazur Singh, Jagir Kaur and Baljit Kaur catching hold of Palwinder Kaur in a residential room and Bua Singh putting kerosene oil on Palwinder Kaur from a canee and setting her on fire; that Hazur Singh, Jagir Kaur alias Jagiro and Baljit Kaur were helping Bua Singh for setting Palwinder Kaur on fire; that on seeing them, all of them had taken to their heels and the fire had fully engulfed Palwinder Kaur by that time; that immediately then, they arranged for a vehicle and brought Palwinder Kaur to civil dispensary Dina Nagar, but the doctor there had referred Palwinder Kaur to civil hospital Gurdaspur. It was, thus, stated by Rupinder Singh that his sister Palwinder Kaur had been set on fire by Bua Singh, Hazur Singh, Jagir Kaur and Baljit Kaur. In the meantime, chit Ex. PL was received from the doctor by the ASI to the effect that Smt. Palwinder Kaur had succumbed to the injuries. Endorsement Ex. PB/1 was made by ASI on that statement and it was sent to the Police Station for registration of the case. Formal FIR Ex. PB/2 was registered. ASI Paramjit Singh carried out the spot inspection. One match box and one cane plastic of kerosene oil were taken into possession. The accused were arrested. The offence under Section 302 of IPC was added later on.

(3.) On completion of the investigation, the accused, namely, Bua Singh, Hazura Singh, Jagir Kaur and Baljit Kaur (herein appellants) were charge-sheeted for committing the offences punishable under Sections 302/34, 304-B and 498-A of IPC, to which they pleaded not guilty and claimed trial.