(1.) This appeal has been instituted against the judgment and order dated 10.03.2005 rendered by the learned Additional Sessions Judge, Gurdaspur, in Sessions case no.2/RBT 41 of 2001/2004, whereby the appellant was charged with and tried for the offences punishable under Section 302 of the Indian Penal Code (in short 'IPC') and in the alternative under Section 304-B and 498-A IPC. The appellant was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years for the offence punishable under Section 302 IPC.
(2.) The case of the prosecution in a nutshell is that on 21.09.2001 a chit was received by the MHC P.S. Kotli Surat Malhi from the doctor that Satwinder Kaur wife of Ravinderjit Singh son of Khazan Singh of village Bhagwanpur was admitted in Civil Hospital, Batala with burn injuries. ASIPunjab Singh along with other police officials went to Civil Hospital, Batala. He came to know that Satwinder Kaur was taken to Amritsar. On that day, a wireless message was received from control room that Satwinder Kaur was admitted to Muni Lal Chopra Memorial Hospital, Amritsar with burn injuries. ASI Punjab Singh along with police officials went to the hospital at Amritsar. He moved an application to seek the opinion of doctor whether the injured was fit to make statement. The doctor opined that she was fit to make statement. Thereafter, ASI recorded the statement of Satwinder Kaur. She stated that she was married to Ravinderjit Singh resident of village Bhagwanpur about 3/4 years back. Her mother Kashmir Kaur gave dowry as per her capacity. However, the accused used to harass her for bringing more dowry. On 20.09.2001 at about 9.00 P.M. her husband Ravinderjit Singh came to his house after taking liquor. He started harassing her. She telephonically contacted her mother Kashmir Kaur. She asked her to come to her house as her husband was harassing her. Kashmir Kaur reached Satwinder Kaur's house at about 10.00 P.M. Ravinderjit Singh again insisted for demand of dowry. Her mother advised him not to insist for dowry. The accused became angry. He went to kitchen. He brought one can containing kerosene. He poured the kerosene upon her. Thereafter, he set her ablaze with a match box. She received burn injuries. Kashmir Kaur raised alarm. She arranged for conveyance. She got her admitted in Civil Hospital, Batala. Thereafter, she was removed to Muni Lal Chopra Memorial Hospital, Amritsar. Satwinder Kaur died on 30.09.2001. The postmortem was conducted. Investigation was completed. Challan was put up after completing all the codal formalities.
(3.) The prosecution examined a number of witnesses. Statement of the appellant was recorded under Section 313 Cr.P.C. He denied the case of prosecution. The appellant examined two witnesses in his defence. The appellant was convicted and sentenced, as noticed hereinabove. Hence, this appeal.