SURESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SURESH Kumar along with his father Chunni Lal mother Kishno (appellants) and brother Janak Raj (since acquitted) were tried on charge for offences punishable under Section 304-B, 498-A and 306 of the Indian Penal Code. Aforesaid Janak Raj was acquitted of the said charges. The remaining three accused-appellants were found guilty of the said charges by the learned Addl. Sessions Judge, Gurdaspur, Sutesh Kumar appellant was awarded 7 years' rigorous imprisonment and a fine of Rs. 1000/- under Sections 306 and 304-B of the Indian Penal Code. In default of payment of fine, further R. I. for six months; he was also sentenced to undergo three years' R. I. and a fine of Rs. 500/- under Section 498-A, IPC in default of payment thereof to undergo further R. I. for three months while Chunni Lal and Mst. Kishno were awarded four years' R. I. under Sections 306 and 304-B of the Indian Penal Code, and a fine of Rs. 1000/- each under Section 306 IPC or in default of payment thereof to suffer further R. I. for six months. Both the aforesaid appellants were further sentenced to undergo two years R. I. and a fine of Rs. 500/each under Section 498-A IPC and in default of payment thereof three months R. I. All the substantive sentences were ordered to run concurrently. Feeling aggrieved against their conviction and sentence, the appellants have come up in appeal.

(2.) IN brief, the facts of the prosecution case are that Mst. Kailasho alias Kailash Kumari sister of Tilak Raj (PW-3) and Mulakh Raj (PW-4) of village Behmrapur was married with Suresh Kumar, accused-appellant, of village Madhopur Koolian about 8 months prior to this occurrence. She visited her parents village after the Muklawa ceremony and informed her brothers and mother that her parents-in-law, husband and Dewar were harassing her on the ground of having brought inadequate dowry. Her brothers then accompanied her to the house of her in-law and persuaded them to behave nicely towards her. Lateron, whenever Kailasho (deceased) visited her parents house, she apprised her brothers that her in-laws were insisting and pressurising her for fetching more dowry. Her brothers and mother used to pacify her and left her at her in-laws house. About 11/2 months prior to this occurrence Chunni Lal, father-in-law of the deceased gave beating to her and asked that she should take back the articles of dowry to her parents house or to fetch a television and a sofa-set. She conveyed this message to her brothers, upon which they along with their mother Giano Devi visited the house of the in-laws of the deceased and assured them that they would gift these articles at the proper time, On 8. 7. 1987 Tilak Raj and Mulakh Raj (PWs) went to village Madhopur Koolian to assertain the welfare of their sister when she appraised them that her dewar often quarrelled with her. They tried to persuade her in-laws not to quarrel with her but to no effect. On 12. 7. 1987, at about 8 a. m. they received a message that their sister was taken ill and is admitted in the Hospital. Accordingly, these two witnesses along with their mother Giano Devi rushed to Civil Hospital Sujanpur but failed to locate Mst. Kailasho there. They then went to the house of her in-laws in Village Madhopur Koolian and found her lying dead with burn injuries on the floor of a room, None of the accused or any other member of their family was present there. They suspected that their sister has either committed suicide due to harassment of her husband Suresh Kumar etc. or the accused had killed her by setting her on fire after sprinkling kerosene oil. Leaving Mulakh Raj near the deadbody aforesaid Tilak Raj PW left for Police Station Sadar Pathankot for lodging the report but happened to meet ASI Dhian Lal in the area of Village Sujanpur and lodged report Ex. PB. It was concluded at 3. 30 p. m. On 12. 7. 1987, on its basis, a case under Section 306 of the Indian Penal Code, was got registered against the accused at 6. 10 p. m. vide FIR Ex. PB/1 at the Police Station through ASI Harbhajan Singh. Special report of the case was conveyed to the Illaqa Magistrate. . . . . . . . . . . . through Constable Prem Pal at 8. 30 p. m. on the same evening.

(3.) SI Dhian Lal (PB-7) after despatching the statement Ex. PB of Tilak Raj PW to the Police Station, arrived at the spot and held inquest proceedings on the dead body of Smt. Kailasho. The dead body was entrusted to Constables Kishan Chand and Dilip Chand for post-mortem examination. He also inspected the spot and prepared its rough site plan Ex. PD. During spot inspection stove (Ex-Pi) and match box (P2) were also seized from the spot. He also recorded the statements of the witnesses.