DHARAM PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused Dharam Pal and Satish Kumar are brothers and the accused Sushma is sister. Dharam Pal was married about one year prior to the occurrence and his wife's name was also Sushma. He was employed as an Overseer in the Canal Department and was posted at Mukerian. He and his wife were occupying a Government quarter in the Canal Colony, Mukerian.

(2.) ALLEGATION of the prosecution is that soon after the marriage the deceased Sushma's in laws started harassing her for bringing inadequate dowry. On November 12, 1983 her brother Rajinder Kumar (PW5) came from Amritsar to Mukerian to enquire about her welfare and on reaching the house of Dharam Pal accused he was informed that his sister Sushma had suffered burn injuries and had been taken to the Dayanand Hospital, Ludhiana. He rushed to Ludhiana and reached the hospital at about 6.45 p.m. He found that Sushma was admitted in the casualty ward. When he meet her she informed him that her husband Dharam pal with the help of his brother Satish Kumar and sister Sushma had burnt her by sprinkling kerosene oil on her person. Rajinder Kumar (PW5) contacted his father Amolak Ram (PW6) at Amritsar on telephone and informed him of the occurrence. Amolak Ram immediately came to Ludhiana and reached the hospital and about 11.00 p.m., Sushma had succumbed to the injuries in the meantime. Sub Inspector Harish Kumar of Police Station, Mukerian, (PW7), on receiving information regarding the death of Sushma went to Dayanand Hospital, Ludhiana, and he recorded the statement of Rajinder Kumar (PW5). On the basis of this statement a formal First Information Report was recorded at Police Station, Mukerian, under Section 302 read with section 34 Indian Penal Code, against Dharam Pal, Satish Kumar and Sushma. The accused were arrested on November 21, 1983.

(3.) DURING the course of trial the prosecution placed reliance on the medical evidence and the testimony of Rajinder Kumar (PW5) and Amolak Ram (PW6). The allegations of the prosecution were denied by the accused in their statements under section 313, Code of Criminal Procedure. The accused Satish Kumar and Sushma stated that they are residents of village Bhattian and they were not even present at Mukerian when Sushma deceased suffered burn injuries. Satish Kumar examined M.R. Sethi (DW1) to prove that he was present in D.A.V. High School, Urmur, at the time of occurrence, Dharam Pal accused stated as follows :-