SUNITA AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants were tried and ultimately convicted under Sections 449 and 302 read with Sec. 34 Indian Penal Code by the learned Sessions Judge, Kapurthala by dint of judgment dated 14.8.2001. Under the first head rigorous imprisonment for ten years with a fine of Rs. 5000.00 each has been awarded while under the second head life imprisonment and a fine of Rs. 10,000.00 each has been imposed. In case of default of payment of fine under any head, the defaulter was further required to undergo rigorous imprisonment for three and six months respectively. Both the sentences were ordered to run concurrently.

(2.) The facts, necessary for the disposal of instant appeal be noticed first. Appellant Sunita @ Ashu is the wife of brother of co-appellant Kiran Kumar @ Gora and they were residing at Palahi Gate, Phagwara. One Sunita, who was also the resident of same locality, had fallen in love with Kiran Kumar. It is the case of the prosecution that Kiran Kumar @ Gora promised to marry with Sunita, which he did not fulfill and about a day prior to 20.3.1999 solemnized marriage with the younger sister of appellant Sunita @ Ashu.

(3.) Coming to the day of occurrence i.e. on 20.3.1999 a written intimation was received by the police about the admission of said Sunita in a burnt condition in the hospital, upon which ASI Iqbal Singh (PW-12) firstly approached Mr. Manjinder Singh, Judicial Magistrate (PW-2) and moved an application (Ex. PE) for recording the statement of Sunita. Consequently, (PW-2) Manjinder Singh, JMIC went to the hospital and submitted request (Ex.PF) for recording the dying declaration of injured Sunita. Dr. Kailash Kapur (PW4) vide opinion (Ex. PF/1) declared her fit to give statement and accordingly dying declaration (Ex. PG) was reduced into writing by the Judicial Magistrate and at the last Dr. Kailash Kapur again gave his opinion (Ex. PG/1) regarding fitness of Sunita during the course of her statement. In her statement Sunita apprised the police about her love affairs with Kiran @ Gora and stated that despite the assurance given to her by Kiran @ Gora to marry her, he performed marriage last night by customs of "Chunni". In the noon time, Ashu and Gora came to her house and at that time she was alone. Gora caught hold of her from arms while her sister-in-law sprinkled the oil and set her on fire and then they ran away. She further went on saying that out of her affairs with Gora one son was born but the child was lifted by the accused on the assurance to give Rs. 15,000.00. According to her Gora and Ashu burnt her in order to kill, so that she (Sunita) would not disclose her love affairs with Gora to the newly wedded wife of Gora.