TIRATH RAM AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Tirath Ram and Raghbir Parkash are real brothers. Tirath Ram is younger to Raghbir Parkash. Both of them were tried by the court of Additional Sessions Judge, Bathinda, for the offence under Section 302 IPC, for committing the murder of Paramjit Kaur wife of Raghbir Parkash. Vide judgment dated 29.11.2004, both the appellants were convicted under Section 302 IPC and vide order dated 30.11.2004, they were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/- each, in default of payment of fine to further undergo rigorous imprisonment for a period of one year. Against the said judgment and order, the appellants have filed the instant appeal.

(2.) In the present case, the prosecution version is based upon the dying declaration (Ex.PO) of Paramjit Kaur, recorded by ASI Balwinder Singh (PW.7) at 1.00 PM on 23.11.2001 in Civil Hospital, Barnala. In her statement (Ex.PO), Paramjit Kaur stated that she was married with accused Raghbir Parkash about two years back. Her husband was having four brothers and three sisters, out of whom Tirath Ram was unmarried. Her husband and brother-in-law Tirath Ram used to harass her on the pretext that she should develop illicit relations with Tirath Ram, but she did not agree. She informed about the said fact to her father and brother. Several times, they used to come to her village and pacify the appellants, but despite that, they continued to maltreat her on that account. On 22.11.2001, her brother Amarjit Singh and father Ram Lal came to her house to see her and stayed for night in her house. On the day of occurrence i.e. on 23.11.2001, at about 7/7.30 AM, she was sitting in her room her father and brother were sitting on the cot in the courtyard. Then Tirath Ram, who was holding a plastic can containing kerosene oil, and her husband, who was having a match box, entered the room, and with intention to kill her, Tirath Ram poured kerosene oil on her and her husband Raghbir Parkash put fire on her clothes. She raised noise. Then her father Ram Lal and brother Amarjit Singh immediately came in her room. They extinguished the fire. Both the accused ran away from the spot. After making arrangement of vehicle, her brother Amarjit Singh and father Ram Lal took her to Civil Hospital, Tapa, but due to her serious condition, she was referred to Civil Hospital, Barnala, where she remained under treatment of the Doctor. She admitted her statement to be correct. According to ASI Balwinder Singh (PW.7), the recording of this statement took about one and half hours and he completed the statement at 2.30 PM.

(3.) On the basis of the said statement (Ex.PO), formal FIR (Ex.PO/2) under Section 307/34 IPC was recorded on the same day at 5.15 PM. As per the statement of PW.7 ASI Balwinder Singh, after recording the aforesaid statement, he also recorded the statements of Ram Lal and Amarjit Singh in Civil Hospital, Barnala. Thereafter, Amarjit Singh (brother of the deceased) was associated with the police party. They went to village Alike, at the spot. He inspected the spot and on the demarcation of Amarjit Singh, he prepared the rough site plan (Ex.PP) of the place of occurrence. From the spot, one plastic can containing small kerosene oil, half burnt clothes of Paramjit Kaur and a match box were taken into possession vide recovery memo Ex.PE. On return to the police station, the case property was deposited with MHC Boota Singh with seals intact.