ROSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal is directed against an order passed by learned Additional Sessions Judge, Amritsar on 2.11.2004, whereby it convicted the appellant-Roshan Lal for an offence under Section 302 of the Indian Penal Code (for short the ''IPC'') and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/-. In default of payment of fine, the appellant to further undergo rigorous imprisonment for a period of six months.

(2.) Appellant has been charged for causing the death of his wife Sunita Rani on 30.5.2003. The marriage of the appellant with Sunita Rani was solemnized on 18.2.2001. Sunita Rani made her statement (Ex. PE) to Ms. Jaswinder Kaur, Judicial Magistrate Ist Class on 31.5.2003 at 12.25 P.M after the doctor has declared her fit to make statement. She stated that in her statement that after her marriage on 18.2.2001, two sons were born. She along with her husband- Roshan Lal, mother-in-law Kanta Rani and father-in-law Kunan Lal are residing together whereas the wife of his elder brother and brother of her husband use to reside separately. There were amicable relations between her and her in-laws but her husband was addicted to intoxicants and under that he used to beat her under the influence of liquor. He has no work and she used to insist him to do work but he used to beat her. She stated that yesterday at about 6 p.m., she asked her husband to do work. He stated that he will not do any work but gave her a slap. He poured kerosene oil on her and set her on fire. After hearing the cries, people from neighbourhood collected. When she was set on fire, at that time she and her husband were present in the house and no one else was present. On the basis of such statement (Ex. PE), ruqa was sent by Lakhwinder Singh Incharge, Police Post Verka on 31.5.2003 at about 12.45 p.m. On the basis of said ruqa, FIR (Ex. PH/I) was recorded at about 1.15 p.m. It was on 6.6.2003, Sunita Rani breathed her last.

(3.) Dr. Shilekh Mittal (PW-1) conducted the medico legal examination on 31.5.2003 at 9 p.m. Medico Legal Report is exhibited as Ex. PA. He found 85% of burns were present on the body. After her death on 6.6.2003, the post mortem was conducted by Dr. Rajiv Joshi (PW-2) on 7.6.2003 at about 11.30 a.m.