JAGGA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in CRA- D-828-DB-2009, CRA-D-1083-DB-2009 and CRA-S-2046-SB-2009, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment dtd. 8/8/2009 and order dtd. 11/8/2009, rendered by learned Sessions Judge, Sirsa, in Sessions Case No. 76 of 2008 dtd. 28/8/2008. Appellants Jagga Singh, Gurlal Singh and Veerpal Kaur alias Krishan Rani were charged with and tried for the offences punishable under Ss. 498- A/304-B/34 of the Indian Penal Code (for short, Rs.IPC '). Appellants Jagga Singh and Gurlal Singh were convicted and sentenced to undergo imprisonment for life each under Sec. 304-B IPC. Appellant Veerpal Kaur alias Krishan Rani was convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500/- (Rupees Five Hundred) under Sec. 498-A IPC, and in default of payment of fine to undergo further simple imprisonment for a period of fifteen days.

(3.) The case of the prosecution, in a nutshell, is that PW.6 Dr. Jagir Singh, Medical Officer, General Hospital, Sirsa, medico-legally examined Jaswinder Kaur wife of Gurlal, on her admission in General Hospital, Sirsa. He found 90% burns on her body vide MLR Ex.P7. He sent ruqa Ex.P8 to Police Station City Sirsa at 1.40 AM regarding admission of injured Jaswinder Kaur on the intervening night of 01/2/3/2008. Satbir Singh ASI along with Pal Singh EHC visited General Hospital, Sirsa, on 2/3/2008, after collecting ruqa from the Police Station. He submitted an application Ex.P9 seeking opinion of the doctor regarding condition of the injured. She was declared fit to make statement by the doctor at 3.10 AM vide opinion Ex.P9/A. He also collected the copy of MLR. He moved an application Ex.P12 before Shri A.K. Bishnoi, ACJM, Sirsa, for recording statement of the victim. Shri A.K. Bishnoi made endorsement Ex.P13 and accompanied Satbir Singh ASI to the hospital. Shri A.K. Bishnoi sought opinion from the Medical Officer about the physical condition of the injured vide order Ex.P10. The doctor declared her fit to make statement vide Ex.P10/A at 4:07 AM on the same day. Shri A.K. Bishnoi then recorded the statement of Jaswinder Kaur vide Ex.P14. Satbir Singh ASI had also recorded the statement of Jaswinder Kaur vide Ex.P19 at 11.30 A.M. Satbir Singh ASI received information regarding the death of Jaswinder Kaur on 19/3/2008. He prepared the inquest report Ex.P6. The body was sent for post-mortem examination. Accused were arrested. A plastic can was got recovered by accused Jagga Singh. The investigation was completed and challan was put up after completing all the codal formalities.