MITHU SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal arises out of the following facts :

(2.) The prosecution case was then put to the accused and their statements recorded under Sec. 313 of the Code of Criminal Procedure. They denied the allegations levelled against them. Mithu Singh stated that Jaspal Kaur has suffered the burns accidentally and it was he who had taken her first to the hospital at Rampura and thereafter to Ludhiana and had in fact incurred all the expenses on her treatment. Jasmel Kaur pleaded an alibi and stated that she had not been present in the house when the incident had happened. Mithu Singh accused also led defence evidence by producing Malkiat Singh (DW-1) and Rajinder Singh (DW-2) to prove the story with regard to the accidental burns. He also appeared as DW-3 in support of his case.

(3.) The trial Court held that the story, as depicted, clearly did not make out a case of suicide and as the dying declaration had been recorded by SI Darbara Singh (P.W-3) without undue delay, was a fact clearly in support of the prosecution story and the mere fact that no effort had been made by the said officer to get the dying declaration recorded by a Magistrate was, in that situation, of no significance. It was also observed that from the medical evidence it was clear that the deceased had been in a fit condition to make her statement. The Court, however, held that a case under Sec. 304-B or 498-A of the Indian Penal Code could not be made out against the accused as the aforesaid Sections pertained to ill-treatment or unnatural death of a wife alone and Jaspal Kaur could not attain that status as Jasmel Kaur, Mithu Singh's first wife was still living. The trial Court accordingly acquitted the two accused for offences under Sections 304B and 498A of the Indian Penal Code, but convicted and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5000.00 each and in default thereof to undergo further rigorous imprisonment for one year under Sec. 302/34 of the Indian Penal Code.