DEEPAK SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed against the judgment of conviction dated 21.03.2013 rendered by Ms.Neelam Arora, the then Additional Sessions Judge, Amritsar, vide which appellant-Deepak Sharma was held guilty for committing offence punishable under Sec. 304 B Penal Code. In this case, alternative charge for committing offence under Sec. 302 Penal Code was also framed. Learned trial Court did not find any reason to hold appellant guilty of offence under Sec. 302 Penal Code vide order of even date. Appellant was ordered to undergo RI for 10 years and to pay a fine of Rs. 10,000.00 and in default of payment of fine to further undergo RI for 2 months for committing offence under Sec. 304B Penal Code.

(2.) The brief facts of the case are like this : that Sunita Kumari whose name was changed to Aarti Sharma by her in-laws after marriage; is the victim of this case. The FIR of this case was lodged by father Jagdish Raj S/o Sadhu Ram vide Exhibit P-1. As per Jagdish Raj, he is a labourer and he has five daughters and a son. Sunita-deceased was the youngest daughter aged about 22-23 years. Her marriage was performed with appellant-Deepak Sharma on 15.07.2009. As per complainant, he gave sufficient dowry and cash in the marriage. Many times his daughter came to him and told that her husband-Deepak Sharma had been demanding more dowry and motorcycle from her. At this, he had given 2/3 times cash to her daughter and then she used to live at her matrimonial home. Even then the appellant had been giving beatings to her and had been demanding dowry from her. Many times Ram Lubhaya (his sister-in-law's husband) had tried to bring round appellant but remained in effective.

(3.) As per complainant on 08.05.2010, he received telephonically call from Rajiv Kumar S/o Ram Lubhaya to the effect that Sunita Kumari was lying admitted in the emergency ward of Guru Nanak Dev Hospital as she had received burnt injuries. In pursuance with the aforesaid phone call, he and his wife Rakesh Rani reached aforesaid hospital and found Sunita Kumari in a burnt condition. She was lying unconscious but after some time she expired. At this, he expressed that Sunita Kumari was burnt by her husband-Deepak Sharma. The aforesaid statement of Jagdish Raj was recorded by ASI Karamjit Singh at Guru Nanak Hospital, Amritsar. After recording the statement he read over the same to Jagdish PW-1 and he signed the same. It was attested by ASI Karamjit Singh as Ex.PW10/1. He made endorsement Ex.PW10/2 and sent Ruqa to police Station for registration of FIR, whereby formal FIR Ex.PW10/3 was registered by SI Daljeet Singh. Inquest report Ex.PW10/4 was prepared. Statements of witnesses were recorded. Dead body of Sunita Kumari was handed over to HC Daljinder Singh and HC Jagjit Singh vide application Ex. PW 9/A who got conducted the postmortem examination of dead body, on the next day. On 08.05.2010, Investigating Officer had gone to the place of occurrence and prepared rough site plan Ex. PW 10/5. After postmortem, dead body was handed over to Jagdish father of deceased vide receipt Ex. PW 10/6. On 24.05.2010, appellant-Deepak Sharma was arrested. Intimation regarding arrest was given to his father Kasturi Lal. Intimation is Ex.P-6. On interrogation of accused, he gave disclosure statement to the effect that he kept concealed can plastic which was used for pouring kerosene oil on Aarti Sharma @ Sunita Kumari about which he alone knew and can get the same recovered. This disclosure statement was exhibited as Ex.P-3. In pursuance of this disclosure statement accused led the police party to the pointed place and got recovered 5 litres can plastic white colour which was smelling of kerosene oil, from the disclosed place and the same was taken into police possession vide memo Ex.P-4. This can plastic is MO-1. Site plan of the place of recovery was prepared as Ex.PW-10/7. Personal search memo is Ex.P5. From the personal search of the accused Rs. 45 currency notes was recovered. Case property was deposited with MHC. Statement of Gyani Tarlok Singh who performed the marriage of Aarti Sharma @ Sunita Kumari was also recorded. He gave receipt of marriage as Ex.PW6/A, photographs of marriage Ex.10/8 to 10/12 were also taken into police possession.