MOHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This application has been filed under Section 378 (4) Cr.P.C. seeking leave to file an appeal against judgment dated 20.9.2012. Respondents No.2 and 3 along with Sukhwinder Singh (husband of deceased Palwinder Kaur) and Surinder Kaur alias Manjit Kaur (mother-in-law of the deceased) were made to face trial in FIR No. 150 dated 30.10.2009, Police Station Ajnala, for commission of offences punishable under Sections 307 and 498A/34 IPC.

(2.) Palwinder Kaur died on account of burn injuries, which she received on 29.10.2009. FIR was recorded on a statement made by deceased Palwinder Kaur wherein she stated "that she is house hold lady and is married to Sukhwinder Singh son of Anokh Singh about 5 years ago and from the lawful wedlock, two sons were born. It has been alleged that Surinder Kaur, mother-in-law of complainant and husband Sukhwinder Singh used to torture her for bringing less dowry and used to turn her out of her matrimonial home by giving severe beatings and she remained tolerating misbehaviour of the accused just for the sake of her children. On 29.10.2009 at about 11.00 A.M., her mother-in-law Surinder Kaur and husband Sukhwinder Singh gave her beatings. Thereafter, her mother-inlaw pulled her hair and threw her on the ground and her husband Sukhwinder Singh poured kerosene oil upon her and set her ablaze. She raised hue and cry, upon which, many persons gathered there and her husband, to show him to be innocent, got admitted her in Hospital. She alleged that her mother-in-law and husband have put her on fire with an intention to kill her as they were demanding more dowry and motor cycle." In her statement she levelled specific allegations against her husband and mother-in-law. Nothing was said so far as respondents No.2 and 3 are concerned.

(3.) It is necessary to mention here that initially, the FIR was recorded under Sections 307 and 498A/34 IPC. But after death of Palwinder Kaur, Sections 304B and 302 IPC were added in the FIR.