RADHEY SHAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is appeal by Radhey Ram against the judgment of Sessions Judge, Jalandhar, dated 8.5.(sic) whereby he (Radhey Sham) was convicted and sentenced by him to imprisonment for life and to pay fine of Rs. 1000/-, or in default of payment of fine further rigorous imprisonment for three months under Section 302 of the Indian Penal Code.

(2.) THE prosecution case, in brief is that Smt. Kamla was married to Radhey Sham on 21.6.1995. It was Radhey Sham's second marriage. While contracting marriage with Kamla, Radhey Sham had not disclosed her the factum of his earlier marriage. On 3.4.1996 Radhey Sham quarrelled with Kamla and quarrel was continuing since morning. At about 10/10.15 PM, Radhey Sham doused Kamla with kerosene and set her afire and he himself ran away. She was taken to the hospital by the neighbours. ASI Rounki Dass reached Civil Hospital, Jalandhar. Kamla was in precarious condition. He reached the residence of Sh. Gurbir Singh, Judicial Magistrate Ist Class, Jalandhar who was Duty Magistrate and submitted application Ex.PE before him, requesting him to record the statement Kamla. Sh. Gurbir Singh, Judicial Magistrate Ist Class, Jalandhar accordingly reached Civil Hospital, Jalandhar. Before recording her statement, Sh. Gurbir Singh, Judicial Magistrate Ist Class, Jalandhar vide endorsement Ex.PE/1 had asked Dr. Gurdev Singh Toor, Emergency Medical Officer who was on emergency duty in the hospital whether Kamla was fit to make statement. Doctor vide endorsement Ex.PE/2 declared her fit to make statement. Sh. Gurbir Singh, Judicial Magistrate Ist Class, Jalandhar then recorded the statement of Kamla Ex.PE/3. Kamla remained conscious throughout, her statement was being recorded. That statement was read over to her. She thumb marked that statement in token of its correctness. Doctor gave certificate Ex.PE/4 on the foot of statement that she remained conscious throughout while making statement. Magistrate also put endorsement Ex.PE/5 on the foot of that statement that he recorded the statement of Kamla in his own hand in the presence of Dr. Gurdev Singh. Her statement was recorded in question-answer form. He had satisfied himself about the fitness before embarking upon the recording of her statement. On the statement of Kamla FIR No. 43 of 1996 was registered at Police Station Division No. 6, Jalandhar under Section 307 of the Indian Penal Code.

(3.) CASE was committed to the Court of Session by Judicial Magistrate Ist Class, Jalandhar vide order dated 18.5.1996.