SULAKHAN SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants have preferred this appeal challenging the judgment dated Feb. 12, 2009 passed by Sessions Judge, Gurdaspur, whereby they have been convicted under Sec. 302/34 of the Indian Penal Code (for short "IPC") and sentenced to undergo rigorous imprisonment for life and to pay a fine of INR 10000.00 each. In default of payment of fine, the defaulter to further undergo RI for six months.

(2.) Briefly stated the facts are that Sarabjit Kaur (since deceased) was married to Sulkhan Singh. Out of the said wedlock, they were blessed with two sons, named Jobanpreet Singh and Robinpreet Singh. A clash took place between Sarabjit Kaur and her husband about six months prior to the occurrence. As a result thereof, Sarabjit Kaur was turned out of her matrimonial home. She stayed at her parental home for about two months. A compromise was effected in pursuance of which, she returned to her matrimonial home. She used to engage herself in embroidery. Prior to the instant occurrence, she purchased bed sheets and one of the sheets was given by her to Smt. Rani, her neighbour, for embroidery. Gurcharan Kaur her mother-in-law felt annoyed and incited/provoked her husband against her. Whereupon, she was subjected to severe beatings by him. At that time, he also used foul language against her. On Aug. 16, 2006 at about 9:00 p.m, her husband Sulakhan Singh, mother-in-law Gurcharan Kaur, elder brother of her husband Makhan Singh and Balwinder Kaur wife of Makhan Singh, after taking meals assembled at her house. Her husband called her to his room and started beating her. In the meanwhile, Balwinder Kaur and Makhan Singh also came there. They caught hold of her from her arms. Gurcharan Kaur also arrived there with a small bottle of kerosene. She sprinkled kerosene on her body and clothes and Sulkhan Singh brought a match box and put her on fire. When she was fully engulfed by fire, all the aforesaid persons made good their escape. To save herself, she came out of the room and to put off the fire, lay down and rolled on the ground. The fire was put off but by then, her body had received extensive burns. Her clothes were totally burnt. She continued crying with pain the whole night but no body took her to the hospital. On the next morning, Sulkhan Singh her husband took her to Bhatia Hospital, Qadian. On having come to know about the incident, her father Surjit Singh accompanied by her mother and some relatives reached Bhatia Hospital, Qadian. Thereafter, she was shifted to Civil Hospital, Batala in view of her serious condition.

(3.) On receipt of an information about the admission of Sarabjit Kaur with burn injuries in Civil Hospital, Batala, S.I. Suba Singh accompanied by some other police officials visited the hospital. He moved an application to the concerned medical officer seeking opinion whether the injured is fit to make a statement. She was opined to be fit to make a statement. The Investigating Officer recorded her statement wherein she narrated the entire sequence of events as stated above. She also specifically stated that Sulakhan Singh her husband, mother-in-law Gurcharan Kaur, elder brother of her husband, Makhan Singh and Balwinder Kaur wife of Makhan Singh had attempted to kill her in furtherance of their common intention by putting her on a fire after sprinkling kerosene on her body. The investigating Officer read over and explained the statement to Sarabjit Kaur who admitted it to be correct and in token of its correctness, appended her right thumb impression on it. The Investigating Officer made an endorsement and forwarded the statement to the police station through HC Jagdish Singh. On the basis of this statement, formal First Information Report was recorded by ASI Sharam Singh, under Sec. 307/34 Penal Code. Thereafter, she was shifted to DMC and Hospital, Ludhiana.