RAJKUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Raj Kumar and his mother Smt. Shanti Devi have come up in appeal against their conviction and sentence under section 306 I.P.C. recorded by the learned Additional Session Judge Amritsar vide his order dated 8.7.1983. Both the appellants stand sentenced to R.I for three years and to pay a fine of Rs. 1000/- each, in default R.I. For six months each.

(2.) Smt Sunita, since deceased was married to Raj Kumar appellant about five years prior to the present occurrence in question. She gave birth to a son and a daughter. .Both the appellants used to taunt her for bringing insufficient dowry. Smt. Shanti Devi appellant also used to coerce her to bring more dowry. Both the appellants for the aforesaid reason used to maltreat her. On the night between 5th/6th November, 1982 at about 11/12,00 in the night, Lajpat Rai, PW2 father of Sunita deceased received a telephonic message from Raj Kumar appellant informing him that Smt Sunita was in a serious condition. Lajpat Rai PW accompanied by his brother Ram Parkash PW 7 and brother-in, law Jagdish Sondhi reached Amritsar on the morning 9f 6th September, 1982 where they learnt that Sunita has succumbed to her burn injuries. Her body was lying in the kitchen in a burnt condition. Both the appellants were present in the house. Both the appellants informed Lajpat Rai PW and his companions that Sunita has died on account of burn - injuries. Lajpat Rai PW along with Ram Prakesh PW went to the police station and made statement Exhibit P0 before Inspector Mukhtiar Chand who met them on the way to the police station On the basis of the same, formal first information report Exhibit: PE was registered at Police Station, Civil Lines; Amritsar at about 2.50 A.M. on 6th September, 1982. Inspector Mukhtiar Chand PW went to the spot and found the dead body of Suilita lying there, which was smelling of kerosene oil. He got, the dead body photographed. He took into possession one tin of kerosene oil, a matchbox and some partly burnt clothes. He prepared the inquest report and sent the dead body for post mortem examination. He also arrested both the appellants.

(3.) Autopsy on the dead body of Sunita was performed by Dr. Gurdip Kumar Uppal, PW I on 6.9.1982 at 1.30 P.M. Following is the report of post mortem examination.