SHAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment/order dated 08.05.2008, passed by the Sessions Judge, Jalandhar, whereby he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- under Section 302 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) The brief facts of the prosecution story are that Rajni daughter of Om Parkash was married to Vicky in the year 1999, who was addicted to liquor. After 4-5 months of the marriage, quarrel and fighting started between them. Vicky was not giving any money to Rajni. Kartar Chand was father-in-law of Rajni. Sham Lal is the elder brother of husband of Rajni and Neelam is the wife of Sham Lal. On the day of occurrence, Om Parkash, father of Rajni received a telephonic call from his son-in-law at 11.45 A.M., who told him that his daughter has set herself on fire. Rajni was removed to hospital.

(3.) ASI Navdeep Singh, Investigating Officer received information regarding admission of Rajni with burn injuries in Civil Hospital, Jalandhar at about 12.30 P.M. After receiving information, he went to the hospital. Doctor disclosed that she was having 80% burn injuries and her condition was serious. He gave application to the CJM, Jalandhar. Then the Duty Magistrate went to the hospital and recorded the statement of Rajni in the presence of Dr.Ashish, in which she stated that on the previous night she had quarreled with her father-in-law Kartar Chand and elder brother of her husband, Sham Lal on the question of money received by her father-in-law at the time of retirement. Again said, that a quarrel took place between her husband and father-in-law together with elder brother of her husband and on that day i.e. on 01.03.2006 in the morning, her father-in-law and elder brother of her husband picked up quarrel with her. When she was lying in the room, her father-in-law and elder brother of her husband came with kerosene in bottle. Her father-inlaw sprinkled oil on her and elder brother of her husband lit matchstick. On hearing her noise, her sister-in-law and other inhabitants of the street reached the spot. The wife of the elder brother of her husband has hands in gloves with her father-in-law and brother-inlaw. After that she became unconscious. She also stated in the dying declaration that her husband also had a quarrel with her in the morning and after that he had gone on his duty. She also stated in the dying declaration that her husband has also been harassing her and used to give beatings to her after taking liquor in day time and used to press her for bringing money from her father. But on that day, he did not raise any demand. On that day, her husband had quarreled with her that it is due to her that he has quarreled with his father and brother. As per prosecution version, she was pregnant at the time of occurrence and she gave birth to a child after 7-8 days of the occurrence. It is the also case of the prosecution that Vicky and Rajni were residing separately from other family members in a separate portion. On the basis of dying declaration, FIR was registered. The statement of Om Parkash, father of Rajni was also recorded in the hospital. Then Investigating Officer along with Om Parkash conducted raid on the house of Kartar Chand and he was arrested. The Investigating Officer inspected the spot and prepared rough site plan. On 03.03.2006, statement of Vicky, husband of deceased Rajni was recorded. Rajni died on 07.04.2006.