STATE OF PUNJAB Vs. AVTAR SINGH

JUDGEMENT

(1.) Avtar Singh accused and Balwinder Kaur to Gulwinder Kaur (deceased) had been married about three months prior to the occurrence. On April 21, 1988, P.W.-7 Karam Singh, the father of the deceased, accompanied by P.W.-8 Hazura Singh, his close relative, came to village Bitamipura to see Gulwinder Kaur. On reaching there, they were informed by Gulwinder Kaur that the four accused, i.e. Avtar Singh (husband). Harbans Singh (father-in-law), Baljit Kaur (mother-in-law) and Nirnajan Kaur (sister-in-law) were demanding a scooter and were mal-treating her on that account. Karam Singh and Hazura Singh then told the four accused that their demand for a scooter would be met within a few days and after giving this assurance left the house of the accused. On April 24, 1988 at about noon time, Hazura Singh aforesaid came to Karam Singh's house at Abohar and told him that his daughter had been burnt. On this, Karam Singh. Hazura Singh and one Jagjit Singh reached Civil Hospital, Jaraon but were told that Gulwinder Kaur had been referred to the Dayanand Medical College and Hospital, Ludhiana. The three then rushed to the said hospital and found Gulwinder Kaur lying unconscious with severe bum injuries. Karam Singh then left for the police station but met a police party headed by P.W.-4 S.I. Har Parkash on the way and made his statement to him and on its basis, the formal F.I.R. under Section 306/511 of the Indian Penal Code was recorded at the police station. S.I. Hari Parkash (P.W.-4) then went to village Bhampura and made the necessary inquiries. He also recorded the statement of Gulwinder Kaur injured on April 25, 1988, who ultimately died on May 6, 1988. The accused were thereafter arrested and on the completion of the investigation, were brought to trial for offences punishable under Sections 302. 304-B read with Section 34 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.

(2.) The prosecution in support of its case examined inter ilia P.W.-3 Dr. Rajesh Gupta of the Dayanand Medical College, who had examined the injured on her admission to the hospital and had also taken down the history given by the injured herself in which she had stated that she had suffered burn injuries accidentally; P.W.-4)r. Harbinder Singh of the Dayanand Medical College, who had, on May 6, 1988, sent information to the police with regard to the arrival as well as death of the injured in the hospital; P.W.-5 Dr. Kamal Gupta, who had at 12.30 P.M. on April 25, 1988, given the opinion that the injured was fit to make a statement; P.W.-6 Dr. N.C. Garg, who had conducted the post- mortem examination on the dead body and had observed that the head, face and lower part of the body has no bum injury and the cause of death was septicemia due to burn injuries; P.W.-7 Karam Singh. the father of the deceased, who deposed to the demand for dowry and the events leading to the loding of the F.I.R.; P.W.-8 Hazura Singh, the uncle of the deceased, who had supported the version given by Karam Singh, PW-12 S.I. Harnek Singh, then Police Station Sarabha Nagar, Crime Staff, Ludhiana. who had recorded the statement (Exh.PO) of the deceased, in which she had stated that she had been burnt by the accused; and PW- 14 S.I. Hari Parkash, who had recorded Karam Singh's statement leading to the registration of the F.I.R. and also recorded the statement of Gulwinder Kaur injured on April 25, 1988.

(3.) The prosecution case was then put to the accused and there statements recorded under Section 3 13 of the Code of Criminal Procedure. They denied the allegations leveled against them and pleaded false implication.