STATE OF PUNJAB Vs. BACHAN SINGH

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 13-11-1992 passed by the Sessions Judge, Bathinda, acquitting the accused respondents of the charges under Section 302 read with 34 IPC, in the alternative for the offence under Section 304-B read with Section 34 IPC, besides the offence under Section 498-A IPC, framed against them.

(2.) FACTS , in brief, are that on 3.1.1990 at 3.25 p.m., Kaur Singh @ Kala, lodged FIR Ex. PD in P.S. Nehianwala, under Section 302/34 IPC. It was alleged in the said FIR that he was a resident of village Mehma Sarja and that about 25-26 days earlier, son of Daler Singh son of Bachan Singh had died due to illness. It was alleged that about 9-10 months back, Smt. Palo, deceased, daughter of his maternal uncle, Kaka Singh was married to accused Bagga Singh son of accused Bachan Singh and that in the said marriage, Daler Singh was the go-between and for that reason they were on visiting terms with Daler Singh. It was alleged that at night, he alongwith Gura Singh, PW had gone to the house of Daler Singh for condolence over the death of his son. It was alleged that at about 6-7 p.m., they heard the shrieks of Smt. Palo coming from the house of accused Bagga Singh, upon which he (Kaur Singh @ Kala) and Gura Singh rushed towards the house of Bagga Singh. It was alleged that they found Bagga Singh, his brother Mela Singh and Gurdev Kaur standing in the 'kothri', adjacent to the outer door and at that time, Smt. Palo was raising alarm of 'bachao, bachao'. It was alleged that Bachan Singh and Mela Singh were holding her from her arms and legs while accused Gurdev Kaur was saying that she should not be spared on that day. It was alleged that within their sight, accused Bagga Singh sprinkled kerosene oil from a container of 5 litres and set her on fire with the held of a lamp, which was burning nearby. It was alleged that body of Smt. Palo caught fire in no time and that after setting her on fire, all the four accused fled away from the spot. It was alleged that he (Kaur Singh @ Kala) and Gura Singh, PW, tried to save Smt. Palo, deceased, but due to burning, she succumbed to her injuries on the spot. It was alleged that the cause of the grudge was that all the four accused used to ask Smt. Palo to bring more dowry besides Rs. 10,000/- in cash from her parents. It was alleged that Smt. Palo had narrated this incident to them, but being poor, her father could not satisfy their demand of dowry and cash and on that account, all the four accused had connived with each other and had committed her murder by setting her on fire. It was alleged that after leaving Gura Singh near the dead body of Smt. Palo, he (Kaur Singh @ Kala) had gone to village Raghuana and informed the parents of Smt. Palo and other relative regarding this incident. It was alleged that now after taking Kaka Singh (father of Smt. Palo) and her uncle Makhan Singh, along, he has come to police station to lodge the report. After recording the aforesaid FIR, SI Jarnail Singh sent copy of the FIR as special report and the Judicial Magistrate received the special report at 5.15 p.m. on the same day i.e. 8.1.1990, as per endorsement on the copy of the FIR, Ex. PD. After recording the aforesaid FIR, SI Jarnail Singh, alongwith other police officials and the witnesses went to village Mehma Sarja, at the house of accused Bagga Singh and found the dead body of Smt. Palo lying in the courtyard in front of 'kothri' and at that time Gura Singh, PW was guarding the dead body. Sub Inspector Jarnail Singh prepared the inquest report, Ex. PB in the presence of witnesses namely Kaka Singh, Balwant Singh and Kala Singh. He sent the body for post mortem examination through police constables and after spot inspection, prepared the rough site plan. He also recorded statements of prosecution witnesses. Accused Bagga Singh, Mela Singh and Gurdev Kaur surrendered in the Court on 6.1.1990 and SI Jarnail Singh arrested them on 7.1.1990. Accused Bachan Singh was arrested on 10.1.1990. After the completion of the investigation, challan was submitted in the Court.

(3.) LEARNED Sessions Judge, Bathinda, after hearing both sides and after perusing the record, acquitted all the four accused of the various charges framed against them, vide judgment dated 13.11.1992. Aggrieved against the same, State of Punjab had filed the present appeal against the acquittal of the accused.