SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THREE appellants, namely Surinder Kumar, his mother Anjna Devi and his aunt (Tai) Soma Devi have came up in appeal against their conviction and sentence recorded by the learned Additional Sessions Judge Jullunder vide her order dated 16.2.1983, under section 306 of the Indian Penal Code. All the appellants have been sentenced to R.I. for ten years each and to pay fine of Rs. 1000/-, or in default of payment of fine to further undergo R.I. for six months. Parma Devi, grandmother of Surinder Kumar appellant who was also tried along was acquitted of the charge as case against her was not found free from doubt.

(2.) SANTOSH Kumari deceased was married to Surinder Kumar appellant on 15.6.1980. After the marriage in the month of Sawan, Santosh Kumari deceased went to Agra to live with her parents. During this period the deceased complained to her parents and her brother that she was being maltreated by the appellants for having brought insufficient dowry. On the occasion of Karva Chauth, Satish Kumar PW4, brother of deceased Santosh Kumari went to the place of the appellant i.e. Nawanshahr. He was informed by Santosh Kumari deceased that the appellants were asking for a T.V. Set. Satish Kumar PW told her that they were not in a position to meet the demand, as his father was not keeping good health. On 9.4.1982 Janak Raj Sharma PW sent a telephonic message to Satish Kumar PW that Santosh Kumari had been burnt by her in-laws' family. When she was removed to the Civil Hospital, Nawanshahr, Janak Raj PW5 and his wife Krishna Rani PW6 came to the hospital and enquired from the deceased as to how she got the burns. She told them "Tel Dala Aag Lagai". However, later on in the absence of the appellants, Santosh Kumari told Krishna Rani PW6 that Anjna Devi, Soma Devi appellants along with Parma Devi, their co-accused (since acquitted) poured kerosene oil on her and Surinder Kumar appellant set her on fire. Santosh Kumari unfortunately expired on the same day at Civil Hospital, Jullunder. She made her statement Exhibit PA before Dr. D.S. Virk, PW 1 which was proved as a dying declaration. Dr. Virk sent information to Police Station, Nawanshahr. On receipt of the information constable Bakhshi Ram PW9 went to Civil Hospital, Nawanshahr, but when he learnt that Santosh Kumari had been removed to Civil Hospital, Jullunder, he reached Civil Hospital, Jullunder. He prepared the inquest report of the dead body of the deceased and recorded the statement Exhibit PH of Janak Raj PW. The autopsy on the dead body of Santosh Kumari was performed by Dr. Parminder Singh PW3, on 10.4.1982 at 11.00 A.M. In his opinion all the burns on the dead body were ante-mortem in nature and death was caused by shock due to extensive burns. These burns were sufficient to cause death in the ordinary course of nature. Satish Kumar PW brother of the deceased reached Nawanshahr on 10.4.1982 and he learnt from Janak Raj PW about the incident. He lodged the report Exhibit PG on the same day at Police Station, Nawanshahr at 8.00 P.M. Darshan Kumar S.I. went to the spot, took into possession cot Exhibit P-5 stained with blood from the residential house of Surinder Kumar appellant. He also took into possession Jerry cane Exhibit P-1 match box Ex. P-2, burnt hair of the deceased Exhibit P-3, and clothes Exhibit P-4, vide memo Exhibit PJ. These articles were taken into possession from the roof of the adjoining house of one Jagdish Raj. S.I. Darshan Kumar prepared the rough site plan Exhibit PO. The appellants and their co-accused were arrested on 12.4.1982. Photographs of the spot Exhibits PM/1 to PM/5 along with their negatives Exhibits PM/6 to PM/10 were also taken into possession. Surinder Kumar appellant was charge-sheeted under section 302, I.P.C. and the remaining appellants were charge-sheeted under section 302 read with section 34 of the Indian Penal Code and were tried by the learned Additional Session Judge, Jullunder.

(3.) THE prosecution evidence consist of the statements of Dr. D.S. Virk, PW1, who recorded the dying declaration of the deceased; Dr. G.D. Chawla PW2 admitted the deceased in Civil Hospital, Jullunder; Dr. Parminder Singh PW3 performed autopsy on the dead body of Santosh Kumari; Satish Kumar PW4 brother of the deceased lodged the first information report; Janak Raj PW5 had arranged the marriage between Santosh Kumari deceased and Surinder Kumar appellant, and he along with his wife Krishna Rani PW6 had some talk with the deceased before she expired; Madan Lal Sharda, Draftsman PW7 prepared the site plan Exhibit PK; Gian Chand PW8 took the photographs of the spot; HC Bakhshi Ram PW9 prepared the inquest report and S.I. Darshan Kumar PW10 investigated the case.