SHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal arises out of the following facts :

(2.) JASPAL Kaur daughter to Balkar Singh (PW-6) and Sher Singh accused were married in the year 1993. Sher Singh and his father Attar Singh were vendors of glass bangles and in that connection often remained away from home. Jaspal Kaur was living in her matrimonial home alongwith her husband, father-in-law Attar Singh, mother-in-law Kailash Kaur and sister-in-law Lakhwinder Kaur alias Rani all accused. At about noon time on 18.7.1994, she was present in her house when she received serious burn injuries. She was immediately rushed to the Civil Hospital, Ludhiana and information with regard to her admission was sent to the police on which ASI Hakam Singh (DW-1) rushed to the hospital and recorded her statement, Exh. DC, at 9.00 p.m. In this statement, she stated that she had caught fire accidently while preparing tea. Information was also sent to Jaspal Kaur's family in Jalandhar on which her uncle Harbhajan Singh (PW-4) reached Ludhiana and made an application, Exh. PF, on 20.7.1994 to the District Magistrate that Jaspal Kaur's statement be recorded. Sh. Raminder Singh, the Additional District Magistrate, Ludhiana directed Sh. Rajiv Prasher (PW-7), the Executive Magistrate to record her statement. Her statement, Exh. PG, was accordingly recorded at 5.15 p.m. on 20.7.1994, in which she stated that she had been burnt by the four accused and that the earlier statement made by her to ASI Hakam Singh (DW-1) had been made under duress as the accused had told her that she would be taken to the hospital only if she exonerated them and in this desperate situation, she had made a statement as per their directions. Harbhajan Singh (PW-4) also moved another application, Exh. PA on 22.7.1994 before Sh. Kanwarjit Singh, (PW-1), the DSP (Rural) pointing out that Jaspal Kaur had been compelled to make a wrong statement and the matter should be re-examined. The DSP then directed SI Arvind Puri (PW-8) to look into the matter. The said officer also recorded Jaspal Kaur's statement, Exh.PJ, at 8.05 a.m. on 22.7.1994 on its basis an FIR, Exh.PJ/2, under Section 307/34 of the Indian Penal Code was registered against the accused. In this statement, Jaspal Kaur affirmed that the accused had set her alight after having poured kerosene oil on her. Jaspal Kaur succumbed to her injuries on 23.7.1994 and the offence was thereafter converted into one under Section 302/34 of the Indian Penal Code. On the completion of the investigation, the case was committed to the Court of Sessions for trial and Sher Singh, Attar Singh and Kailash Kaur were ultimately charged for offences punishable under Section 304-B of the Code and in the alternative under Section 302 thereof whereas Lakhwinder Kaur alias Rani being a juvenile was referred to the Juvenile Court.

(3.) THE prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure. They denied the allegations levelled against them and took the plea that Jaspal Kaur had received injuries on 18.7.1994 as the flames had suddenly flared when she was pumping a stove and that they had tried to save her by pouring buckets of water on her. In defence, they examined ASI Hakam Singh, the officer, who had recorded the first dying declaration, Exh. DC, on 18.7.1994 in which Jaspal Kaur had exonerated the accused of any wrong doing.