SURINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 16/17.9.2003 passed by Additional Sessions Judge, Panipat, whereby he convicted Surinder Kumar under Section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment and to pay a fine of Rs.5,000/ -. In default of payment of fine, he was ordered to undergo rigorous imprisonment for six months. However, Narender Kumar, who was arraigned as an accused before the trial Court, was acquitted of the Charges. No appeal has been filed against the order of acquittal qua accused Narender Kumar by the State.

(2.) PROSECUTION version is unfolded by the dying declaration made by deceased Paramjit on the basis of which, FIR, Exhibit PJ/9 was recorded. She has stated in her statement given to Shri Sudhir Jiwan, Judicial Magistrate I Class, Panipat (PW -4) that her marriage was solemnized 7 months back. Narinder, her husband's brother, had locked him (her husband) in a room. She went to Narinder to know the whereabouts of her husband. Narinder told her that he had gone outside in the morning. She told Narinder that she was on fast, she would like to have some tea. Narinder gave her the key and asked her to prepare tea for herself. On opening the lock of the door, where she was to prepare tea, she saw her husband sitting inside and reading a Novel. She asked her husband Surinder as he was inside the room, then why his brother was telling a lie to her. He said that they were just joking. Thereafter, her husband went along with his mother and asked Paramjit deceased to stay there and clean up the house. Finding her alone, Narinder and one Amar caught hold of her and told her as to why she was running after her husband Surinder and that there is no difference between him (Narinder) and Surinder. Deceased started crying. Narinder and Amar then started abusing her. Paramjit deceased then went to her own house to bring her husband Sonu @ Surinder. Surinder told her that he was least bothered. She got angry and said that she would prefer to die. Surinder told her that she can go and kill herself. She felt sad, as her parents also did not want to keep her. She threatened Surinder that she would kill herself in front of his house. Surinder sprinkled kerosene oil on her body and set her on fire. She became unconscious. Surinder then took her to the Civil Hospital, Panipat in a three -wheeler.

(3.) PROSECUTION to prove its case, brought into the witness box Jagbir Singh, Constable (PW -1), Krishan Lal. Record Keeper (PW -2), Dr. Y.P. Singhmar (PW -3), Shri Sudhir Jiwan, judicial Magistrate I Class, Karnal (PW -4), Prem Singh, Head Constable (PW -5), Sri Niwas, Assistant Sub Inspector (PW -6), Dr. Chander Kant (PW -7) and Zile Singh, Sub Inspector, the Investigating Officer (PW -8).