CHANCHAL DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has laid challenge to the judgment and order of sentence dated 09.08.2001, whereby he has been convicted for the offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5000/- or in default of payment of fine, he is to undergo rigorous imprisonment for three months.

(2.) Facts, which emerge out of the FIR recorded at the instance of Monika, daughter of the present appellant, are that she is the eldest and that they are two brothers and two sisters. Her father Chanchal Dass was doing labour work. On 28.5.1999, at about 9.00 p.m, while she was present in the house, her father/appellant-Chanchal Dass came home and started abusing her that she was indulging in immoral activities. He (appellant) said that she and her mother Kamla were not having good character. At that time, both her brothers Bikramjit, Inderjit and younger sister Manpreet were present in the house. Appellant-Chanchal Dass while saying to her that it was better if she died, brought a can from inside, poured kerosene oil on her and lit fire, as a result of which, her whole body got burnt and there was a clamour in the house. Amrik Singh-Sarpanch and her paternal uncle Gurdev Singh, came to their house and got her admitted in Civil Hospital, Phillaur. Her father Chanchal Dass i.e the appellant had set her on fire after pouring kerosene oil on her with an intention to kill her, since he suspected her character and that of her mother Kamla and was beating them earlier also. After recording the statement of the complainant, endorsement was made upon the same and it was sent to the police station through Constable Balraj Singh, on the basis of which a formal FIR under Section 307 IPC was registered against the present appellant. Thereafter, during the investigation, the complainant succumbed to her injuries and Section 302 IPC was added.

(3.) After completion of investigation, challan was presented in the Court and post mortem was also conducted on the dead body of the complainant Monika. The case being triable by the court of Sessions, the same was committed to learned Sessions Judge, Jalandhar.