KOSHALYA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MST . Koshalya and her son Harbans Lal, appellants along with her husband Kashmiri Lal, daughters Mst. Parveen Rani and Kiran Rani and her son-in-law Sat Pal were tried on a charge for offence under Section 304-B read with Section 149, Indian Penal Code, by the learned Additional Sessions Judge, Hoshiarpur. Mst. Koshalya and Harbans Lal were found guilty on the charge for offence punishable under Section 304-B of the Indian Penal Code and each one of them was awarded sentence of rigorous imprisonment for life and fine of Rs. 500/- or in default of payment thereof to further suffer three months' rigorous imprisonment while their co-accused Kashmiri Lal, Parveen Rani, Kiran Rani and Sat Pal were acquitted.

(2.) FEELING aggrieved against their conviction and sentence, Mst. Koshalya and Harbans Lal had preferred Criminal Appeals No. 448-DB and 460-DB of 1991 respectively. Both these appeals shall be disposed of by this order as these arise out of the same judgment of the trial court and rest upon the same evidence.

(3.) ON 9.8.1990 in the early hours of the morning, Mst. Babli suffered burn injuries. She was removed to Primary Health Centre, Balachaur by Kashmiri Lal where Dr. Shangara Ram Kainth (PW 6) examined her at 6 a.m. and sent intimation Exhibit PG to the local police in this regard. Accordingly, on receipt of information, A.S.I. Mohinder Singh (PW 19) rushed to the hospital and elicited information about the fitness of Babli to make statement but the doctor declared her unfit to make a statement. He referred her to P.G.I. Chandigarh for treatment due to her precarious condition, she was taken to P.G.I. Chandigarh where Dr. Anurag Jindal (PW 11) admitted her at 11.10 a.m. on that day and found that she was having 80% burn injuries. Dr. Davinder Gupta (PW 17) treated her injures but she succumbed to the injures on the same day at 12.00 Noon. After her death, intimation Exhibit PM was sent to the local police by this doctor.