BHAGWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of sentence dated 01.04.2008, passed by the Sessions Judge, Jalandhar, vide which appellant Bhagwan Singh has been held guilty for the offence punishable under Section 302 IPC and convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for four months. Brief facts of the prosecution case are that the FIR in the present case has been registered on the statement (dying declaration) of Baljit Kaur @ Sandeep Kaur recorded at 9:00 p.m. on 12.09.2006 by ASI Mohinder Singh, Police Station Mehatpur. Earlier also ASI Mohinder Singh of Police Station Mehatpur got recorded the statement of Baljit Kaur Ex.PN at 7:30 p.m. on 11.09.2006. In that statement, Sandeep Kaur stated that she was married to Bhagwan Singh about six years ago. Two daughters namely Maninder and Gurjit Kaur were born. On 11.09.2006, she and her husband were present at home and her husband had come to take meal. Her daughters had gone to school. After serving the food to her husband when she came in the kitchen, gas stove on which milk was placed was off. When she lighted that stove with the help of lighter, it gave a huge burst due to which her face and clothes caught fire and her body was burnt. Her husband tried hard to extinguish the fire but in the meantime her body was badly burnt and while extinguishing the fire, hands of her husband were also burnt. She caught fire due to bursting of gas stove. No person was responsible for it. Later on, the police gave application to get recorded the statement of Baljit Kaur from the Magistrate and Judicial Magistrate recorded the statement of Baljit Kaur (ExPJ) at 5:10 p.m. on 12.09.2006 in which Baljit Kaur @ Sandeep Kaur stated as under:-

(2.) After recording the statement by the Magistrate, ASI Mohinder Singh, Police Station Mehatpur again recorded the statement Ex.PR of Baljit Kaur @ Sandeep Kaur at 9:00 p.m. on 12.09.2006 in which she mainly deposed the same facts as stated before the Judicial Magistrate. On the basis of that statement, ruqa was sent to the police station and the FIR was registered. Then the Investigating Officer went to the place of occurrence and inspected the same. He prepared the rough site plan Ex.PS. One glass made of steel, smeared with kerosene, was recovered from the place of occurrence which was taken into police possession vide memo Ex.PB. On 01.10.2006, after receiving the information that Baljit Kaur @ Sandeep Kaur had died, Investigating Officer reached the hospital. He prepared the inquest report Ex.PY. Dead body was sent for postmortem examination. On 05.10.2006, accused Bhagwan Singh was arrested. On interrogation, accused suffered disclosure statement and in pursuance of disclosure statement, he got recovered a 'chadar' from his house and the same was taken into police possession after preparing sealed parcel. Statements of witnesses were recorded. After necessary investigation, challan against the accused was presented before the Court.

(3.) On presentation of challan, copies of challan and other documents were supplied to accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was chargesheeted for the offence under Section 302 IPC to which he pleaded not guilty and claimed trial.