SANJAY JAIN AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DECEASED -Indu Jain's husband, Sanjay Jain, brother in law (Dewar), Sudhir Kumar aka Bhola, mother in law, Suman and unmarried sister in law, Monika were tried for commission of offences punishable under Sections 302 (in the alternative 304 -B) of the Indian Penal Code, 1860 (for short, IPC), and 498 -A, IPC. While acquitting Sudhir Kumar aka Bhola and Monika, learned Additional Sessions Judge (Adhoc), Fast Track Court, Ludhiana (for short, 'the trial court'), vide judgment/order dated August 06, 2003, convicted and sentenced the appellants, namely Sanjay Jain and Suman, as under:

(2.) THE deceased, who was married to Sanjay Jain in the month of July, 1996, was brought to and admitted in Christian Medical College & Hospital, Ludhiana (for short, CMC) with 70% TBSA flame burns and respiratory burns at 11.00 a.m. on May 22, 2001. Dr. Rahul Tandon (PW5), who attended on her, prepared Injury Report, Exhibit PG. Assistant Sub Inspector Devinder Singh (PW11) (hereinafter referred to as 'the Investigating Officer'), on receipt of information that the deceased was admitted in CMC with burn injuries, reached there, obtained opinion of the doctor, Exhibit PL/1, at 02.25 a.m. on May 23, 2001 that she was fit to make a statement and requested Shri R.K. Beri, Judicial Magistrate, Ludhiana to record her statement. Shri R.K. Beri, Judicial Magistrate (PW14) reached CMC and recorded statement, Exhibit PT/2, of the deceased wherein she revealed that she was married in the year 1996; had been blessed with a son; had brought an amount of Rs. 1,00,000/ - to the members of her matrimonial family; on that day also they had asked her to bring money; all of them had given beatings to her and, after taking her downstairs, had poured kerosene on her and had set her ablaze; and that her mother in law had been excessively harassing her. Based on statement, Exhibit PT/2, a formal First Information Report (for short, 'FIR'), Exhibit PM/2, was recorded by Assistant Sub Inspector Gulab Singh. The deceased ultimately left this world at 07.00 a.m. on May 23, 2001 and intimation, Exhibit PH, in this regard was sent to Station House Officer, Police Station, Division No. 03, Ludhiana. Investigating Officer, on being informed of death of the deceased, reached CMC and prepared Inquest Report, Exhibit PN. Dr. R.S. Grewal (PW1) and Dr. Navpreet, on police request, Exhibit PA, conducted post mortem on the dead body of the deceased and, as recorded in post mortem report (for short, PMR), Exhibit PB, found that mouth of the deceased was open; lips were swollen; eyes were closed; there was blister formation on right side of lip; front scalp hair were singed; rigor mortis was present in lower limbs; post mortem staining was present on dependent parts which were not burnt; there were superficial to deep burns all over the body, except both the legs below knee in front, left leg posteriorly, right leg below mid thigh and partial gluteal region posteriorly, perineal region and both hands; left lung was partially adherent to chest valve and was reddish in colour; on being pressed, mild pus like material oozed out of the left lung; pleurae, larynx, tracheae, right lung, heart, large vessels, membranes of brain, mouth pharynx, oesophagus, liver, spleen and kidneys were congested; right side of heart contained blood on cut section; other organs were unremarkable; and uterus was healthy and empty. In the opinion of the board of doctors cause of death was shock as a result of extensive burns which were ante mortem in nature and were sufficient to cause death in the ordinary course of nature. Investigating Officer prepared site plan of the place of occurrence (Exhibit PQ), recorded statements of witnesses, and effected necessary recoveries.

(3.) DR . Rahul Tandon (PW5) deposed with regard to admission of Indu Jain in CMC with 70% burn injuries and proved Injury Report, Exhibit PG and intimation slip, Exhibit PH. Dr. Deepak Samson (PW15) deposed to say that vide his opinion, Exhibit PL/1, he had declared Indu Jain fit to make a statement. Shri R.K. Beri, Judicial Magistrate (PW14) proved dying declaration of the deceased, Exhibit PT/2. Dr. R.S. Grewal (PW1), has deposed that on police request, Exhibit PA, he, alongwith Dr. Navpreet, conducted post mortem on the dead body of the deceased and recorded post mortem report, Exhibit PB. Naresh Kumar Jain (PW9), brother of Indu Jain testified that Indu Jain had told him that the accused had been treating her with cruelty for and in connection with demand of dowry and that she was set afire by appellant Suman after pouring kerosene on her body, after she was caught hold of by appellant Sanjay Jain and accused Sudhir Kumar aka Bhola and accused Monika had brought kerosene and a match box. Tarsem Lal Jain (PW10) deposed that the accused had been treating Indu Jain with cruelty, her father had given an amount of Rs. 1,00,000/ - to the accused, and three months prior to her death he had seen the accused beating her. Pawan Kumar Verma (PW2), an officer of Punjab National Bank, revealed that vide cheque No. 757966 an amount of Rs. 50,000/ - was withdrawn from savings bank account of Magan Lal Jain (father of Indu Jain) on May 03, 2000. According to C.L. Dhiman (PW3), Manager, State Bank of India, Brahmpuri, Ludhiana, vide cheque No. 360708 an amount of Rs. 50,000/ - was withdrawn from savings bank account of Magan Lal Jain on May 02, 2000. Ashok Kumar (PW7) told the learned trial court that furniture worth Rs. 18400/ - was purchased from his shop on July 15, 1996 in Indu Jain's name. Ravinder Jain (PW8) apprised the learned trial court that Magan Lal Jain had got prepared gold jewellery from his shop on June 07, 1996. Assistant Sub Inspector Devinder Singh (PW11), Sub Inspector Balwinder Singh (PW12), Constable Ram Saran (PW13), Head Constable Pritam Singh (PW4), and Head Constable Balbir Singh (PW6) brought on record various aspects of investigation.