RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by Raj Kumar against the judgment of conviction and order of sentence dated 19.08.2008, passed by the learned Sessions Judge, Jalandhar, thereby convicting the appellant for the offence under Section 302 IPC. He has been sentenced to undergo imprisonment for life, besides pay a fine of Rs. 5000/- and in default thereof, to undergo further rigorous imprisonment for two years.

(2.) The case of the prosecution, as unfolded from the FIR (Ex.PH/2) is that after receiving a request (Ruqa Ex.PH) on 07.06.2006, the learned JMIC, Jalandhar (PW-2) reached Civil Hospital, Jalandhar, at 03:20 p.m. to record the statement of Mala wife of Raj Kumar, resident of Gali No. 6, Nijatam Nagar, Jalandhar, who was admitted in Sacred Heart Hospital, Maqsudan, with severe burn injuries. After reaching the hospital, the learned JMIC, Jalandhar, obtained opinion of the doctor regarding the fitness of the patient. The patient was declared fit and conscious to make her statement by Dr. Alok Lalwani (PW-5) at 03.30 p.m., vide Ex.PB/2. Thereafter, the learned JMIC, Jalandhar, (PW-2) recorded the statement of Mala wife of Raj Kumar, aged 24 years, resident of Gali No. 6, Nijatam Nagar, Jalandhar, to the effect that the previous night at around 01.30 a.m., the deceased was asleep in her house with her children. At that time, her husband (appellant) came back from his work. Her husband was a drunkard, who was in the habit of beating the deceased and creating a commotion. Her husband, on reaching home, started quarrelling with the deceased. Fed up with him, the deceased went inside and lay down on the bed. Her husband (appellant) followed her and started assaulting the deceased by slapping and kicking her. Later, he got hold of a bottle containing kerosene oil. He threw the kerosene oil on the deceased, as she was standing. Thereafter, her husband (appellant) lighted a match, set the clothes of the deceased on fire and ran away. The deceased ran out of the house crying for help. On hearing the cries of the deceased, her father-in-law and mother- in-law came to her rescue. Her mother-in-law used water to douse the fire. Her mother-in-law and husband's (appellant) nephew (brother's son) brought the deceased to Oberoi Hospital, from where the deceased was brought to Sacred Heart Hospital, Maqsudan. Mala (deceased) put her thumb impression on her statement Ex.PB/C, besides it was signed by the learned JMIC, Jalandhar. Vide Ex.PB/4, it was certified by Dr. Alok Lalwani that the patient remained fit and conscious during the recording of her statement. Formal First Information Report Ex.PH/2 was recorded on 07.06.2006 by MHC Jagir Singh, Police Station Division No. 5, Jalandhar, initially under Section 307 IPC, on the basis of above said statement of Mala (deceased) recorded by the learned JMIC, Jalandhar. On the same day, Mala succumbed to her injuries and thereafter, the offence was converted from Section 307 IPC to Section 302 IPC, vide DDR No. 30 Ex.PJ.

(3.) Darbara Singh, S.I., (PW-4) again reached Sacred Heart Hospital, Maqsudan and conducted the inquest proceedings on the dead body of Mala (deceased) in the presence of Ram Dass and Jogi Lal. Inquest report is Ex.PE. He recorded the statements of Ram Dass (PW-7), Bholi (PW-6), Raj Rani and Jogi Lal. The dead body was sent for post mortem examination vide request Ex.PF through HC Gulshan Kumar and Jit Kumar. Thereafter, he visited the place of occurrence and prepared rough site plan thereof, which is Ex.PK. He arrested the accused on 09.06.2006. He secured the police custody of the accused from the Illaqa Magistrate and interrogated him on 11.06.2006. The accused disclosed that he had concealed a bottle smeared with kerosene oil in his residential room under the double bed, of which he had the exclusive knowledge and he offered to get the same recovered. The disclosure statement (Ex.PL) of the accused was recorded, which was thumb marked by him. It was attested by Constable Resham Lal and PHG Kuldip Kumar. Thereafter, the accused led the police party to the disclosed place and got recovered the bottle, which was taken in possession vide recovery memo Ex.PM. After recording the statements of PWs, he returned to the police station and deposited the case property with MHC. Thereafter, on the completion of investigation, the challan against the accused was presented in the court by Onkar Singh, S.I.