BALWINDER KUMAR & ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants have filed the present appeal which is directed against the judgment of conviction and order of sentence dated 28th of Oct., 2002 whereby all the three appellants have been convicted under Sec. 302 read with Sec. 34 Indian Penal Code and have been sentenced to undergo life imprisonment and to pay fine of Rs. 500.00 each, and in default of payment of fine, to further undergo RI for six months. Raj Kumar who was also an accused, died pending trial on 10.6.2002 and proceedings against him were ordered to be dropped.

(2.) The facts as unravelled through statement of Sweety wife of Balwinder Kumar a Bittu in ruqa Ex.PS dated 2nd of Oct., 1998 sent through Constable Charanjit Singh from Rajindra Hospital, Patiala at 6.00 a.m. on 2nd of Oct., 1998 to Police Station, Sirhind for registration of FIR are as under.

(3.) Sweety in her statement has stated that she was married with Balwinder Kumar son of Raj Kumar in the year 1994 and gave birth to two sons namely Mohit 3 years and Rohit aged 1 year and 9 months. Balwinder Kumar, appellant used to work as a Photographer and was addicted to liquor. Appellant, Shakuntla the mother-in-law used to live in the same house. The in-laws used to harass complainant, Sweety, for demand of dowry despite the fact that the father of Sweety had given sufficient dowry in accordance with his capacity. Complainant, Sweety brought money from her parents house. However, it was wasted by husband, Balwinder Kumar, appellant in liquor. Whenever Balwinder Kumar, appellant was restrained from consuming liquor, the complainant was given beatings. The complainant has further stated that Shakuntla, mother-in-law and Raj Kumar, father-in-law also used to abuse her. On 1st of Oct., 1998 at about 7.00 p.m. while Raj Kumar (since deceased), Shakuntla Devi (mother-in-law) and Kiran (sister-in-law) were present in the house, Belwinder Kumar husband of the complainant under the influence of liquor started abusing the complainant and was instigating the complainant to be finished. On this, Shakuntla Devi, appellant caught hold of the complainant from the arms, Balwinder Kumar felled the complainant down by holding her from hair and Raj Kumar, father-in-law (since deceased) brought a tin of kerosene oil and a match box from the kitchen whereupon Kiran, sister-in-law poured kerosene oil on the head and stuffed a chunni into the mouth of the complainant. While Balwinder Kumar was trying to put fire, Narinder Kumar son of Des Raj resident of Khanna reached there and raised an alarm 'bachao bachao'. Despite the objection of Narinder Kumar Balwinder Kumar set the complainant on fire. Many people gathered who extinguished the fire by putting water and the complainant was brought to the hospital by Narinder Kumar etc. This statement was converted into formal FIR bearing No. 159, Ex. PS/3 which was registered at 8.20 a.m. on 2nd of Oct., 1998 under Sections 307, 498-A and 34 Indian Penal Code, and the report was received by the Judicial Magistrate, Ist Class on 2nd of Oct., 1998 at 1.35 p.m.