DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Dalbir Singh has preferred the present appeal against the judgment of conviction and order of sentence dated 25.04.2008, passed by the Sessions Judge, Gurdaspur, vide which he has been held guilty for the commission of offence punishable under Section 302 IPC and accordingly convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) Brief facts of the prosecution case are that on 25.07.2006, an information was given by Guard Incharge, Civil Hospital, Batala, on telephone to Police Station Rangar Nangal that Kanwaljit Kaur wife of Dalbir Singh is lying admitted in the hospital due to burn injuries and asked for sending the police/Investigating Officer. Upon this, Sub Inspector Hardev Singh, SHO, Police Station Rangar Nangar, alongwith other police officials reached Civil Hospital, Batala and on seeing the condition of Kanwaljit Kaur, injured, he requested Sub Divisional Judicial Magistrate, Batala, for recording her statement. Smt. Dimple B.J.Sharma, Sub Divisional Judicial Magistrate, Batala, recorded the statement of injured Kanwaljit Kaur before whom Investigating Officer made application for supplying the copy of that statement but the Court ordered that the copy of the statement shall be given on the next day i.e. on 26.07.2006, in Court time. On 26.07.2006, the Investigating Officer alongwith other police officials reached the Court of Smt. Dimple B.J.Sharma, Sub Divisional Judicial Magistrate, Batala and obtained the copy of the statement of Kanwaljit Kaur, injured. The said statement disclosed the commission of offence punishable under Section 307 IPC. Then the Investigating Officer recorded the statement Ex.PW8/A of Kanwaljit Kaur, in which she mainly stated that she was married with Daljit Singh about ten years ago. Out of that wedlock, elder daughter namely Baljit Kaur, aged about nine years, younger daughter namely Manpreet Kaur, aged about eight years and one son namely Sarabjit Singh, aged about five years, were born. Daljit Singh had died about four years ago. Then her parents and respectable persons of the village performed her marriage with Dalbir Singh son of Sardara Singh. Out of this wedlock, one son namely Sukhjit Singh, aged about three years, was born. Dalbir Singh is habitual drunkard and he, under the influence of liquor, used to pick up a quarel with her. On 29.06.2006, at about 5/6:00 p.m., after preparing meal, she served the same to her husband Dalbir Singh. At that time, her husband was under the influence of liquor. Her husband Dalbir Singh again demanded more cereal from her and when she told him that cereal is short, he, in an angry mood, threw a bowl of cereal on her face. Kanwaljit Kaur started weeping in the room. In the meantime, her husband Dalbir Singh put kerosene oil on her and set her on fire with intention to kill her. She came in the courtyard while raising a noise 'save her save her'. In the meantime, her mother-in-law Jagdish Kaur, ran towards her. Kanwaljit Kaur and her mother-in-law raised noise. On hearing their noise, people gathered there and put off the fire. Then, after arranging the vehicle, her mother-in-law Jagdish Kaur and other persons got admitted her in Civil Hospital, Batala, for medical treatment. On the basis of statement of Kanwaljit Kaur, ruqa was sent to the police station, whereupon present FIR was registered.

(3.) Then the Investigating Officer visited the spot i.e. house of accused Dalbir Singh and deceased Kanwaljit Kaur and prepared the rough site plan Ex.PW8/E with correct marginal notes. On 28.07.2006, Investigating Officer received a message from Civil Hospital, Batala regarding the death of Kanwaljit Kaur. Then he reached Civil Hospital, Batala and prepared the inquest report Ex.PW8/G. Dead body was handed over to Head Constable Bikramjit Singh and Head Constable Gurdev Singh for getting conducted the postmortem examination. On 29.07.2006, accused Dalbir Singh was arrested.