DEPUTY PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 9.1.2004, rendered by learned Additional Sessions Judge, Gurdaspur, in Sessions case No. 3 of 2001, whereby appellant Deputy Pal was charged with and tried for the offence punishable under Section 304-B/120-B IPC along with co-accused Chanchal Masih and Smt. Parveen. He was convicted and sentenced under Section 302 IPC to undergo imprisonment for life and to pay fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months. Co-accused Chanchal Masih and Smt. Parveen were acquitted of the charges framed against them.

(2.) The case of the prosecution in a nutshell is that Manjinder Kaur deceased was married with accused Deputy Pal son of Chanchal Masih resident of village Tariza Nagar about five years prior to 20.10.2000. The case of the prosecution was that from the very beginning of the marriage, accused Deputy Pal and his parents Chanchal Masih and Parveen started maltreating Manjinder Kaur. On 20.10.2000 at about 7.00 A.M., Manjinder Kaur deceased was cleaning utensils in the house of her in-laws. Accused Parveen and Chanchal Masih caught hold of Manjinder Kaur from her hands and accused Deputy Pal sprinkled kerosene on her and put her ablaze. Manjinder Kaur raised an alarm. Elder brother of her husband Shammi reached and put off the fire from the body of Manjinder Kaur. Brother-in-law and other persons of the mohalla took her to Civil Hospital, Gurdaspur. A wireless message was received at Police Station, City Gurdaspur from Civil Hospital, Gurdaspur at about 8.30 A.M. regarding the admission of Manjinder Kaur with 90% burns. SI Ram Singh of Police Station, Dhariwal, approached Chief Judicial Magistrate, Gurdaspur, as the condition of Manjinder Kaur was very serious. An application was moved before the Chief Judicial Magistrate, Gurdaspur, for recording the statement of Manjinder Kaur. Chief Judicial Magistrate, Gurdaspur deputed Shri Sat Pal, PCS, Judicial Magistrate 1st Class, Gurdaspur for recording the statement of Manjinder Kaur. Shri Sat Pal, Judicial Magistrate 1st Class, Gurdaspur, reached Civil Hospital, Gurdaspur. He recorded the statement of Manjinder Kaur. SI Ram Singh also recorded the statement of Manjinder Kaur on the basis of which the FIR was registered against the accused. Manjinder Kaur died on 25.10.2000. The post-mortem was conducted. The cause of death was shock due to burn injuries. All the injuries were ante mortem in nature. Investigation was completed and challan was put up after completion of all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statement of the accused were also recorded under Section 313 Cr.P.C. They denied the case of the prosecution. The accused examined five witnesses in defence. Co-accused Chanchal Masih and Parveen were acquitted. Accused Deputy Pal was convicted and sentenced, as noticed above. Hence, the present appeal.