BIMAL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE appeals arise out of the following facts :-

(2.) IN support of its case, the prosecution inter alia relied on the evidence of PW-3 Vijay Kumar and PW-7 Rajan Kumar, brothers of the deceased, who deposed that their sister had been unhappy as her husband was a drunkard and often remained under the influence of liquor and compelled her to seek financial help from them and on several occasions they had in fact given money to her. They further stated that at about 8.00/8.30 p.m. on 8.9.1991, their nephews, namely, Jugnu and Lucky (sons of Kuldip Kumar and Sneh Lata) had rushed to them in panic and informed them that their father was dead drunk and was quarrelling with their mother but they had told the boys to go home and that they would visit them the next morning but at about 3.30 a.m. Vicky, the third son of the couple, had come to their house and informed them that their mother was being beaten by their father and that they accordingly rushed to Kuldip Kumar's house and as they reached near the house, they had seen Bimal Kumar running away and had found Sneh Lata lying with serious burn injuries and that she had been removed to the hospital by them and her husband, who had slipped away after a short while. They also corroborated the story with regard to the recording of the dying declaration. Rajan Kumar (PW-7) further deposed that Sneh Lata had before her death told him that Kuldip Kumar, who was completely drunk had compelled her to have sexual intercourse with Billa alias Bimal Kumar and as she had felt disgusted, she had decided to end her life. Reliance was also placed on the statement of PW-5 Dr. Harleen Kaur, who had conducted the medico-legal examination of Sneh Lata at 12.15 p.m. on 10.9.1991 and had found her in a serious condition; PW-13 Dr. Uma Singal, who had conducted the post-mortem examination on the dead body and opined that the cause of death was shock caused due to extensive burns; PW-4 Dr. Surinder Kumar, who had conducted the medico-legal examination of Kuldip Kumar and Bimal Kumar and had found 8 and 2 injuries respectively on their persons and opined that there was nothing to suggest that Bimal Kumar was not capable of performing sexual intercourse; PW-6 Sh. K.C. Anand, the Executive Magistrate, who had recorded the dying declaration (Exh. PR) on the application (Exh. PQ) as per the directions given by the Additional District Magistrate, Jalandhar; and PW-11 ASI Darbari Lal, the Investigating Officer, who deposed to the various steps taken in the course of the investigation.

(3.) THE trial Court in its judgment dated 24.4.1993 observed that the evidence of Vijay Kumar (PW-3) and Rajan Kumar (PW-7) was liable to be accepted and that after Sneh Lata's death on 12.9.1991, her statement (Exh. PR) was to be treated as a dying declaration. The Court also observed that Dr. Surinder Kumar (PW-4) had sent information with regard to Sneh Lata's admission in the hospital at about 5.15 a.m. and that thereafter ASI Darbari Lal (PW-11) had secured the services of Sh K.C. Anand, the Executive Magistrate and the dying declaration had been formally recorded and on that basis, and FIR had been registered against the two accused. The trial Court also observed that the dying declaration inspired full confidence and merely because it had not been recorded in a question-answer form could not be reason to doubt its veracity. The Court also found that the defence story that Kuldip Kumar's factory had been burnt on 26.5.1984 had also not been proved as the certificate issued by Pran Nath Sharma (DW-1) did not indicate the date or the basis on which it had been issued. Likewise the evidence of Dr. Jaswant Singh (DW-2) was also rejected as the prescription slip and the OPD register in which they had been entered, did not reveal the details of the disease from which the deceased had been suffering and it was also not clear that Sneh Lata had been fully cured after her last visit to the hospital i.e. on 10.3.1991. The evidence of Vicky (DW-4) was also rejected on the ground that having lost his mother, he had thought it prudent to save his father as it was he who would henceforth have to look after him and his brothers. The Court accordingly convicted Kuldip Kumar accused under Sections 306/498-A of the Indian Penal Code whereas Bimal Kumar accused was convicted under Sections 306 and 376 thereof. They were accordingly sentenced as under :-