JAGDEEP SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.07.2010 rendered by learned Additional Sessions Judge, Fatehgarh Sahib whereby both the appellants were convicted for committing offence punishable under Ss. 302/120 -B of Indian Penal Code (for short 'IPC'). Thereafter, vide order of sentence dated 23.07.2010, both the appellants were sentenced to undergo rigorous imprisonment for life each, with fine of Rs. 20,000/ - each. In default of payment of fine to further undergo rigorous imprisonment for 2 years each for offence under Sec. 302 IPC. They were also sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/ - each. In default of payment of fine to further undergo rigorous imprisonment for 1 year each for committing offence punishable under Sec. 120 -B of IPC.

(2.) Briefly, prosecution case is like this; that on receipt of telephonic information on 02.04.2008 from the Control Room, Fatehgarh Sahib, regarding admission of Harwinder Kaur, wife of Jagdeep Singh, admitted in civil hospital Fatehgarh Sahib on account of burn injuries, ASI Hans Raj along with police officials had gone to the aforesaid hospital. He moved an application before the doctor to know about the condition of injured whereupon he was informed that Harwinder Kaur was referred to PGI Chandigarh. On reaching PGI Chandigarh, Investigating Officer moved an application to the doctor for recording the statement of Harwinder Kaur, whereupon, she was declared fit to make statement. As a result, statement of Harwinder Kaur was recorded in the presence of doctor. Harwinder Kaur stated that she is a house -hold lady. She got married to Jagdeep Singh (accused) four years ago. She had a daughter and a son. Her father -in -law Bahadur Singh, mother -in -law Surinder Kaur and her husband Jagdeep Singh used to tease and harass her while she does house -hold work. On the day of occurrence, at about 8 -9 A.M., her mother -in -law poured kerosene oil on her and set her ablaze with the help of match stick. At that time, her father -in -law was not present but her husband was present there. She raised raula "marta -marta". Her paternal mother -in -law Paramjit Kaur (chachi saas) and paternal father -in -law Nirmal Singh (chacha sauhra) and the neighbours took her to Civil Hospital, Fatehgarh Sahib, from where she was referred to PGI Chandigarh. After hearing and taking the same as correct, Harwinder Kaur put her thumb impression on the statement. Regarding condition of the patient, doctor made endorsement to the effect that patient remains fit during statement. Ruqa was sent to the police station whereupon formal FIR was recorded. Investigating Officer visited the spot along with Harbhajan Singh. Photographs of the place of occurrence were obtained. Site plan of the spot was prepared. One stove, lid, matchbox and two half burnt curtains were taken into police possession. Statement of witnesses were recorded.

(3.) On 03.04.2004, on receipt of information from PGI Chandigarh, regarding death of Harwinder Kaur, the offence under Sec. 302 IPC was added. ASI Hans Raj prepared the inquest report at PGI Chandigarh. Dead body was handed over to ASI Hans Raj for its postmortem examination. After post -mortem of the dead body, the same was handed over to legal heirs. Post -mortem report was obtained. On the direction of SI/SHO Ajaypal Singh, a lady Constable Sumanjeet Kaur was sent to village Sangatpura Sodhian. She was joined in the police party and, thereafter, raid was conducted at the house of accused. Accused were not available. Thereafter, on receipt of secret information about the presence of accused Bahadur Singh, Jagdeep Singh and Surinder Kaur by the side of Electricity Grid Chaurwala, the police party reached there and arrested the accused. On 11.04.2008, an application was moved by Harbhajan Kaur for investigation in this case. Under these circumstances, on investigation conducted by SP(D), Bahadur Singh was found innocent. As such, he was kept in column No. 2 of the report under Sec. 173 Cr.P.C. Challan was presented against accused Jagdeep Singh and Surinder Kaur.