BAJRANG BALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal preferred by Bajrang Bali (since deceased) and others namely Durga Rani, Rakesh Kumar, Naresh Kumar @ Shunti and Geeta Rani, appellants against the judgment of conviction dated 19.10.2004 passed by learned Additional Sessions Judge, Moga, convicting Bajrang Bali, Durga Rani and Rakesh Kumar for an offence punishable under section 302 IPC, while all the five appellants for an offence punishable under sections 304-B and 498-A IPC and the order of sentence dated of 20.10.2004, vide which the following sentences were awarded to them.

(2.) The prosecution case against the appellants is that Pinki Rani, deceased, a resident of village Bhadaur, was married with Rakesh Kumar son of Bajrang Bali, a resident of village Chunga. Sufficient dowry was given by the parents of Pinki Rani at the time of marriage as per their capacity. Two months after her marriage, Durga Rani, her mother-in-law, Bajrang Bali, her father-in-law, Rakesh Kumar, her husband, Shunti, her Jeth (brother-in-law) and Geeta Rani, her Jethani (sister-in-law) started taunting her for bringing less dowry. All the appellants started beating her. Getting sick of their behaviour, she returned to her parental home and stayed there for about one year. Thereafter, her husband Rakesh Kumar and father-in-law Bajrang Bali brought a panchayat from village Chunga to village Bhadaur where a panchayat was also of convened. A compromise was then arrived at, in which it was settled that Pinki Rani would live with her husband separately from her in-laws in village Bhagike, where the family used to run a shop. Rakesh Kumar, her husband brought Pinki Rani to village Bhagike on 2.10.2000 in the presence of panchayat of village Bhadaur. On 07.10.2000 there was Dusshera festival. Her parents came to give her the Dusshera gifts. They came to the house of her daughter Pinki Rani at about 10.30 AM and they left at about 2.00 PM. In the meanwhile, her in-laws alongwith her Jeth and Jethani named Shunti and Geeta Rani had also come to village Bhagike on the same day at about 10.30 AM. Till the parents of Pinki Rani had not left the place, they stayed at the shop with Rakesh Kumar. After the parents of the deceased left the place, the aforesaid five persons came to her house at 2.15 PM. Immediately after reaching the house, they told Pinki Rani that they would teach her a lesson for bringing insufficient dowry. They were speaking about her failure to fulfill the demand of scooter, television and refrigerator. She made entreaties to them saying that her parents were poor and could not give all this. Hearing it, her mother-in-law caught Pinki Rani by her hair, her Jeth and Jethani caught her by her both arms and her father-in-law poured kerosene on her. Her husband lit a match stick and set her on fire with an intention to kill her. Pinki Rani cried and after sometime, she fell unconscious. She was brought to Civil of Hospital, Nihal Singh Wala on 7.10.2000 itself, wherefrom a medical ruqa was received at Police Station Nihal Singh Wala. The ruqa contained information regarding bringing of Pinki Rani to the hospital with burn injuries. It was also mentioned therein that she had been referred to Civil Hospital, Moga for treatment. Gurmohan Singh, ASI alongwith other police officials went to Civil Hospital Nihal Singh Wala. He sought information in writing about Pinki Rani and was told by the doctor that she had been sent to Civil Hospital, Moga. Gurmohan Singh, ASI then went to Civil Hospital, Moga and there he was similarly told by the doctor that she had been sent to DMC Hospital, Ludhiana for treatment.

(3.) On 08.10.2000 Gurmohan Singh, ASI went to DMC Hospital, Ludhiana and on his application , the doctor opined that Pinki Rani was fit to make statement. Gurmohan Singh, ASI recorded the statement of Pinki Rani in the aforesaid terms. The statement of Pinki Rani, which was thumb marked by her, was sent to Police Station Nihal Singh Wala where Joginder Singh, ASI/SHO recorded the formal FIR. Statements of other witnesses were also recorded.