STATE OF PUNJAB Vs. PARAMJIT KUMAR

JUDGEMENT

(1.) This is an appeal filed by the State of Punjab against the judgment dated 29.7.1992, passed by the Additional sessions Judge, acquitting the accused respondents of the charge under Section 304-B I.P.C, framed against them.

(2.) The facts, in brief, are that formal F.I.R Ex.PJ/3 was recorded in Police Station Division No.3. Jalandhar on 25.3.1991 at 2.30 p.m. on the basis of the statement Ex.PJ made by Yash Pal Sharma in the police station. In the said statement. It was alleged by Yash Pal Sharma, P.W. that he had two sons and two daughters and that Smt. Aruna Kumari, deceased was the eldest and he had married her with accused Paramjit Kumar about 3 months back and that Subhash Chander was the mediator. It was alleged that he had given enough dower in the said marriage, as per his capacity. It was alleged that since the day of the marriage, her husband Paramjit Kumar, her mother in law Smt. Urmila and her jeth Inderjit started harassing her for bringing more down and that his daughter had written letters to him also regarding the maltreatment and, he would produce the said letters, after tracing out the same. It was alleged that in those letters. she had written regarding the demand of fridge. T.V. scooter and Rs. 20,000/- in cash. It was alleged that about 1-1/2 months back he (Yash Pal Sharma) alongwith Sadhu Ram, Sarpanch and Inderjit Panch had gone to Mohalla Kishanpura, Jalandhar and had settled the matter with the accused that they would not harass his daughter in future. It was alleged that on 21.3.1991. Jaggi resident of Kishanpura came to his village and told him that his daughter was lying admitted in Civil Hospital with burn injuries and that he alongwith his wife Sudesh Rani reached hospital and found that their daughter had sustained considerable burns. It was alleged that he also came to know that statement of his daughter had also been recorded by the Magistrate. It was alleged that his daughter remained lying in the hospital since then and that on that day i.e. on 25.3.1991, she died at about 12.40 p.m. It was alleged that the accused had killed his daughter by sprinkling kerosene oil on her and setting her on fire.

(3.) Prior to the registration of the aforesaid F.I.R., A.S.I Lahmber Singh had received a ruqa on 21.3.1991 from Civil Hospital, Jalandhar about the admission of Smt. Aruna Kumari in the hospital with burn injuries, whereupon he moved an application before the Magistrate for recording statement of Smt. Aruna Kumari and thereupon Parwinder Pal Singh, Tehsildar (Executive Magistrate) was deputed to record the statement of Smt. Aruna Kumari and thereafter they went to the hospital and Parwinder Pal Singh recorded the statement Exhibit - PE of Smt. Aetna Kumari. Thereafter, A.S.I Lahmber Singh sent the said statement to the police Station alongwith his endorsement Ex. PA and on the basis thereof DD entry was recorded in the police station but no case was registered. Thereafter on 25.3.1991. after recording the statement Ex.PJ of Yash Pal Sharma. A.S.I Lahmber Singh got the formal F.I.R. recorded in the police station. Thereafter, A.S.I Lahmber Singh went to Civil Hospital and prepared the inquest proceedings and sent the dead body for post-mortem examination and also recorded the supplementary statement of Yash Pal and Sadhu Ram. On 26.3.1991 Yash Pal. P.W. produced letter Exhibit PH before A.S.I Lahmber Singh and he took the same into possession vide recovery memo Ex. PM. Accused Paramjit Kumar and Inder Jit were arrested on 11.4.1991. In the meanwhile another statement of Smt. Aruna Kumari. Ex.PG was recorded by Shri Jagtar Singh Mahi. Executive Magistrate on 22.3.1991 and on 27.3.1991. A.S.I Lahmber Singh took the said statement into possession. Thereafter, challan was submitted in the court.