STATE OF PUNJAB Vs. ANIL KUMAR

JUDGEMENT

(1.) ANIL Kumar, the husband has been acquitted for the offence under Section 306 of the Indian Penal Code by the Additional Sessions Judge, Amritsar on 19. 11. 1986 and aggrieved against it, the present appeal has been attempted by the State of Punjab.

(2.) BRIEFLY, the story of the prosecution is that Anil Kumar and Renu Bala were living in houses in front of each other in the same street in Gall Dhobian at Amritsar and they developed intimacy. On 14. 8. 1985, the marriage was performed by the parents of the girl at the premises of Sat Narain Mandir, Lahori Gate, Amritsar, Scarcely six weeks after the marriage at about mid-day on 29. 10. 1985, Raj Kumar aged 13, a younger brother of Renu Bala came home and informed that Anil Kumar was harassing Renu Bala and she was crying. On receipt of this information, Roop Rani, the mother went to the house of the in-laws of her daughter and noticed Renu Bala weeping. On enquiry, Renu Bala replied that the cause of dispute was the same in as much as there was demand for money but Roop Rani consoled and promised that further arrangements would be made on or after ensuing Diwali. Renu Bala and her husband Anil Kumar went up stairs. After a short while shrieks were heard from the kotha and Sudarshan Bhandari, a tenant of complainant informed that Renu Bala was burning and her husband Anil Kumar was standing nearby. It was on receipt of aforesaid alarm that the complainant Walaiti Ram, the father reached the premises in question and put out the fire and Anil Kumar continued seeing them. Walaiti Ram brought her to the Civil Hospital with the help of this son. It has been alleged by the complainant father that Anil Kumar, the husband compelled his daughter to sprinkle kerosene oil on her and to put an end to her life. Renu Bala died at 6. 00 A. M. on 30. 10. 1985. It was within six weeks of the marriage.

(3.) P. W. I. Dr. Jaspal Singh of Civil Hospital Amritsar conducted postmortem examination on the dead body of Renu Bala on 30. 10. 1985 and the burns noticed by the aforesaid Medical Officer have been described by him as under :" burns : 1. Burns of first and second degree present on the whole of the face neck, front and back of whole of trunk, front and back of whole of both upper limbs, including both hands front and back of both lower limbs including the dorsum of both the feet and perirenlarea; The burns were ante mortem and death was due to shock as a result of extensive burns; The post-mortem report is Ex. P. A. P. W. 2 Dr. Rakesh Tiwari, Medical Officer, [civil Hospital, Amritsar first of all examined Renu Bala at 4. 50 P. M. on 29. 10. 1985 and he found that there were first and second degrees burns on face, neck, front and back of chest, and abdomen, and also both arms and both eyes. These were also noticed on the front of hair eye lashes, eye brows and axillary hair. There was blackening present over the body and smell of kerosene was also coming from the body which was naked. The medico legal report which was recorded by him is Ex. P. F. P. W. 3 is Rishi Ram, Draftsman who prepared the site plan Ex. PL. P. W. 4 is Rakesh Kumar, Photographer who took the snaps P-6 to P-18. P. W. 5 Prem Chand is the Accountant of Shri Sat Narain Mandir, Lahori Gate, Amritsar and said that the Janj Ghar was booked on 13. 8. 1985 at the instance of Walaiti Ram P. W.