RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAJINDER Singh and Jaswant Kaur, appellants were found guilty and convicted by the learned Additional Sessions Judge, Barnala on the charge of dowry death of Mst. Surinderjit Kaur under Section 304-B read with Section 34 of the Indian Penal Code. Rajinder Singh, appellant was sentenced to undergo imprisonment for life while Mst. Jaswant Kaur, in view of her old age was awarded 7 years sentence. Feeling aggrieved against their conviction and sentence, the appellants have come up in appeal. Dalip Singh, complainant, father of the deceased had also preferred criminal revision No. 409 of 1992 for enhancement of sentence of Mst. Jaswant Kaur. Both these matters shall be disposed of by this common order as these arise out of the same judgment of the trial court and rest upon the same evidence.

(2.) IN brief, the facts of the prosecution case are that the marriage of Mst. Surinderjit Kaur, deceased, daughter of Dalip Singh PW. 4 took place with Rajinder Singh accused on 6.12.1987 at Ludhiana. Harbans Singh acted as mediator. She along with her husband and in-laws after the marriage, used to reside in the house located in Mohalla Amarpura, Barnala. The husband and mother-in-law being not satisfied with the dowry used to harass and force her to fetch coloured television, refrigerator and a sum of Rs. 10,000/- for raising construction besides demanding 1/4th share in her parental house located at Ludhiana. Dalip Singh, father of the deceased, however, expressed his inability to give these articles, in view of his poor financial status. The deceased on her visit to her parental house at Ludhiana apprised Sardul Singh PW. 6 of her maltreatment at the hands of her husband and mother-in-law on demand of dowry. He, however, consoled her and advised her to try to pull along with her in-laws as her father is a poor man and cannot afford to give more dowry. The deceased also wrote letter Ex. P-7 to her father on 7th of May, 1988 conveying that she is undergoing whatever is written in her fate but there is no cause for her parents to worry about it. With this background, on 19th of May, 1988, Rajinder Singh, accused husband of the deceased, contacted his father-in-law Dalip Singh at Ludhiana and apprised him that Surinderjit Kaur had bolted the door of the room from inside and was not opening the same. Dalip Singh, PW. 4 along with his wife Krishna Wanti and mediater Harbans Singh then rushed to Barnala and reached there at 4.00 p.m. On reaching there they found that the doors and windows in the front portion of the house were lying closed. They shouted for Surinderjit Kaur but there was no response from inside. Through the chinks of the door they saw that her body was lying on the ground in a burnt condition. They started bewailing upon which large number of persons collected there. They made inquiries from these persons as to how Surinderjit Kaur was killed but no body responded. Dalip Singh then left for Police Station, Barnala for lodging report but happened to meet Inspector Iqbal Singh, PW-9, near Pharwahi Bazar where his statement Ex. PD was concluded at 6.00 p.m. and on its basis a case under Section 304-B, I.P.C. was got registered against the accused at the Police Station at 6.15 p.m. through Sub-Inspector Kuldip Singh. The special report of the case was conveyed to the Ilaqa Magistrate at 7.45 p.m. on that very evening by constable Harinder Kumar.

(3.) THE autopsy of the deadbody of Mst. Surinderjit Kaur was conducted by Dr. Narotam Singh PW. 1 at Civil Hospital, Barnala on 20.5.1988 at 8.30 p.m. He found that the scalp hair and clothes were smelling of kerosene oil. Partly burnt salwar, shirt, under-wear and brassiers smelling of kerosene oil were found adhering to the body. Eye-brows and eye lids were burnt. Public hairs were not burnt. She was having superficial to deep burns over the scalp face, neck, front of trunk and back of chest over the scapular region but the public region and buttocks were intact. He also observed sooty blackening on various parts of the body. Scalp was partially burnt. Walls of thorax were burnt. Pleurae, larynx and trachea, both the lungs and brain and membranes were found congested. Walls of the abdomen were burnt. In his opinion the cause of death was due to shock resulting from extensive burns which were sufficient to cause death in the ordinary course of nature. The time between death and injury could not be ascertained but the autopsy was conducted within 24 hours to 48 hours of death.