SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KIRAN Singla was married to Surinder Kumar accused in the year 1980. Around 9. 30 P. M. on 6th October, 1983 a little more than three years after marriage, the bride committed suicide by sprinking kerosene oil on her body and then setting it on fire with a match stick. Before succombing to the burn injuries inside the emergency ward of Rajendra Hospital at Patiala from 12. 15 P. M to 1. 15 P. M. on 7th October, 1983 Kiran Singla is alleged to have made dying declaration Exhibit PL in regard to the cause of her death which reads, "day before yesterday, there was a quarrel between me and my husband. Then my husband left at about 10 A. M. with truck and returned at about 8/9 P. M. He remained at the house yesterday through out the day. Yesterday at about 9 or 9. 30 P. M. I requested him that he should inform me while leaving the house. , My mother-in-law Kaushalya Devi, my sister-in-law Sheela Devi and my father-in-law Sarup Chand were present there and I asked them not to harass me. My husband asked me to go whereever I wanted to go and to quit his house. I told him that I would not leave like that and the he should give me in writing. Feeling hurt, I went inside. Because I was without food for the last two days, my feelings were inflamed. Then they all went to the verandah. A short while ago, my brother's wife (Bhabi) told me that my mother-in-law had visited but left after seeing me without having any word with me. She had always been taunting me as to what I had brought; About the same, I had been telling my mother on my visits and had been asking them to give me such and such articles so that they may not trouble me. My father-in-law used to hurl abuses towards me daily and mother-in-law and sister-in-law used to push me. After being fed up, we had even separated from them in mess. I was not being given the expenses on the ground that I should bring the same from my parents. My relations also made efforts by approaching them to make them understand but they did not provide me anything".

(2.) ACCEPTING the dying declaration as true vide its impugned judgment dated 23rd August, 1985 learned trial Court convicted the husband, his mother and unmarried sister of the commission of the offence under Section 306 of the Indian Penal Code and sentenced the husband and his mother to undergo individually rigorous imprisonment for a period of four years and to pay Rs. 1000/- which as fine. In default of payment of fine both the accused aforesaid were ordered to undergo rigorous imprisonment for a further period of six months each. Unmarried sister-the third convicted accused was, however, ordered to be released on good conduct probation for one year in the sum of Rs. 5000/ -. Feeling aggrieved therefrom all the three convicted accused aforesaid have jointly filed Criminal Appeal No. 400-SB of 1985 in this Court.

(3.) I have heard Shri J. N. Kaushal. and Shri D. S. Bali, Senior Advocates with Sarvshri Ashok Jindal and Rakesh Verma, Advocates, for the appellants, Shri B. S. Gill, Assistant Advocate General, Punjab, for the State and have carefully gone through the entire material on record.