STATE OF PUNJAB Vs. PARKASHO

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 6.5.1991 of the learned Sessions Judge, Jalandhar vide which he acquitted Smt. Parkasho who was charged under Sections 302, 304 -B and 498 IPC. The State of Punjab has challenged the acquittal order of the learned Sessions Judge. Hence this appeal.

(2.) THE prosecution case unfurled at the trial is that Smt. Harjit Kaur was married to Ranjit Singh son of Parkasho accused about 14 months prior to the occurrence. Harjit Kaur was admitted in Civil Hospital, Jalandhar on 5.11.1987 with 65% burns on her body. On receipt of a chit Ex. PA, A.S.I. Jarnail Singh went to Civil Hospital, Jalandhar. Harjit Kaur was found admitted in the hospital and he made request Ex. PB as to whether Harjit Kaur was fit to make statement on 5.11.1987. The doctor endorsed therein vide Ex. PB/1 that she was fit to make statement. However, he opined that the statement be recorded by the Duty Magistrate. The A.S.I. therefore, went to D.R. Vermani, Tehsildar -cum -Executive Magistrate for the purpose who recorded the statement of Harjit Kaur. Carbon copy of the statement Ex. PE/3 handed over to ASI Jarnail Singh on the same day about which he made an entry in the Daily Diary Register on the next day, a copy of which is Ex. PE/4. He received photostat copy of the dying declaration Ex. PE/5 on which he made endorsement Ex. PE/6 on the basis of which formal FIR Ex. PE/7 was recorded by him.

(3.) ASI Jarnail Singh then went to the spot and seized from there can of plastic Ex. P1, jumper Ex. P2, shawl Ex. P3, stove Ex. P4 and pieces of burnt clothes Ex. P5 and the same were taken into possession vide memo Ex. PN. He prepared the rough site plan with correct marginal notes which is Ex. PD.