HARJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 15.03.2005, rendered by learned Sessions Judge, Ropar, in Sessions Trial No. 3 dated 12.03.2001, whereby appellant Harjit Kaur, who was charged with and tried for the offence punishable under Section 302 IPC, was convicted and sentenced thereunder to undergo imprisonment for life and to pay a fine of Rs. 2,000/-, and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) The case of the prosecution, in a nutshell, is that Nazar Singh made a dying declaration that on the intervening night of 14/15.10.2000, he was sleeping in his house at village Chhaju Majra. Some miscreant sprinkled kerosene oil upon him. He woke up. He saw his wife Harjit Kaur setting him ablaze with a match stick. Earlier, she had threatened to kill him. His wife was religious. He was simpleton. He had the temperamental differences with his wife, on account of which there used to be domestic quarrels. She had set him ablaze. On 15.10.2000 at about 4.00 AM, he was admitted in the Emergency Ward in Civil Hospital, Kharar, having burn injuries over his head, neck, front of the chest, back of the chest and upper arms both sides. PW.1 Dr. Vijay Kumar gave him first aid and referred him to the PGI, Chandigarh for further treatment as his condition was deteriorating. PW.10 ASI Kulwant Singh received information from PGI Chandigarh regarding admission of Nazar Singh. He moved an application Ex.PK to the concerned doctor, enquiring about the fitness of injured Nazar Singh to make statement. Doctor made endorsement Ex.PK/1 and declared Nazar Singh fit to make statement. His statement Ex.PF was recorded by the Judicial Magistrate Ist Class, Chandigarh. Thereafter, FIR Ex.PF/2 was recorded by ASI Gurcharan Singh. The Investigating Officer inspected the spot in village Chhaju Majra. The house of Nazar Singh was already locked. He came back to the Police Station. On the same day, i.e. 15.10.2000, in the evening, he again visited the spot. He prepared rough site plan Ex.PL. The accused was arrested. Iron cot Ex.P2 in burnt condition, an empty bottle Ex.P3, which was smelling of kerosene oil, and the match box Ex.P4, were taken into possession. On 23.10.2000, the police received a chit Ex.PN from PGI, Chandigarh regarding the death of Nazar Singh. Inquest report Ex.PC was prepared. The body was sent for post-mortem examination. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused was also examined under Section 313 Cr.P.C. She denied the case of the prosecution. According to her, her husband was suffering from epilepsy attack and he had committed suicide by setting himself ablaze. She also examined three witnesses in her defence. She was convicted and sentenced, as noticed here-in-above. Hence, this appeal.