SARWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal appeal relates to the death of Smt. Rani, aged about 20 years, a house wife, alleged to have been caused by her husband and his relations. Rani belonged to village Tanda, district Hoshiarpur and was married with Sarwan Kumar appellant of village Koopur, within the area of Police Station Adampur, district Jalandhar, in the year 1992. They had no child. There was expectation of more dowry articles and as a result of this, she was being allegedly harassed and maltreated. The brother of Rani, namely, Surjit Singh PW.2 and another person Balbir PW.6 who got this marriage arranged, presented the attitude of the husband and his uncle Jinder accused and auntie Jogindero accused.

(2.) ON 28.6.1996, Smt. Rani aforesaid was rushed to the Primary Health Centre, Adampur with burn injuries on her person. Ruqa Ex.PL was sent to the Police Station by the doctor regarding the deceased having been admitted in the hospital and ultimately referred to Civil Hospital, Jalandhar. ASI Mela Singh PW.9 on receipt of ruqa Ex.PL went to Civil Hospital, Jalandhar and moved an application Ex.DA to know as to whether Smt. Rani was fit to make a statement. Vide opinion Ex.DA/1 she was declared fit to make a statement. He then recorded the statement of Smt. Rani Ex.PM and after making his endorsement Ex.PM/1 sent the same to the Police Station for registration of a case and on its basis formal F.I.R. under Section 498-A read with Section 34 of the Indian Penal Code, Ex.PM/2 was recorded at 4.45/5.45 P.M. on 28.6.1996 and subsequently offence under Section 307 of the Indian Penal Code as added on 6.7.1996. Thereafter the said ASI went to the scene of occurrence and prepared rought site plan Ex.PN of the place of occurrence. He took into possession one stove Ex.P1, half burnt salwar Ex.P2 and a match box Ex.P3 vide memo Ex.PK attested by HC Avtar Singh PW.7. On 29.6.1996, ASI Mela Singh made another application Ex.PH to the Deputy Magistrate to record the statement of Smt. Rani on the basis of which Shri Inderjit Singh Walia PW.12 recorded the dying declaration of the deceased which was Ex.PH/3. Sarwan Kumar and Jinder accused were arrested on 6.7.1996 whereas Joginder was arrested on 11.7.1996. Smt. Rani died on 11.6.1997 and the case was converted into under Section 302 read with Section 34 of the Indian Penal Code vide roznamcha Ex.PO. ASI Surinder Pal Singh PW.10 went to Civil Hospital, Jalandhar and recorded inquest report Ex.PR as ASI Mela Singh PW.9 was on leave. After availing the leave the investigation was again entrusted to ASI Mela Singh PW.9. The dead body was sent for post mortem. At the time of post mortem the deceased was found to be pregnant and the dead body of a child was lying by the side of the dead body of Smt. Rani. He also prepared inquest report of the dead body of the child.

(3.) THE autopsy on the dead body of Smt. Rani was conducted by the Medical Board consisting of Dr. Harpreet Man PW. 3 and Dr. Charanjit, on 11.7.1996 at 3.55 P.M. and found the following :-