STATE OF PUNJAB Vs. SITA DEVI

JUDGEMENT

(1.) This is an appeal filed by the State of Punjab against the judgment dated 18-4-1991 of Sessions Judge, Bhatinda vide which he had acquitted thc accused Sita Devi and Balbir Chand who were charged under Sections 302/34 of the Indian Penal Code.

(2.) FIR was registered on the statement of Smt. Krishna Devi deceased, wherein, she had stated that she was resident of Mandi Goniana, her parents house was at Bhatinda; about 10 years ago, she was married with Krishan Lal son of Shiv Chand Aggarwal resident of Mandi Goniana, she had three children i.e. one son and two daughters; she and her husband Krishan Lal resided in the Chobara of their house along with her children; on 9-2-1988 in the morning her brother Jagan Nath son of Milkhi Ram Aggarwal, resident of New Basti, Bhatinda along with Babu Ram son of Bhim Raj Aggarwal resident of New Basti. Bathinda had come to meet her at about 10/11 a.m. again at about 10.30 a.m. her Darani (husband's younger brother's wife) Sita Devi wife of Balbir Chand, resident of Mandi Goniana having a gallon in her hand came there; who sprinkled kerosene on her and set her on fire with a match stick and then she fled away from the place of occurrence; as her clothes caught fire she started rolling on the clothes lying in the Chobara, her brother Jagan Nath and Babu Ram extinguished the fire. The cause of grudge was that her husband Krishan Lal and she resided in the Chobara in their house and they had to pass through the portion on the ground floor of the house in occupation of her Devar (husband's younger brother) Balbir Chand son of Shiv Chand Aggarwal, resident of Mandi Goniana and her Darani (husband's younger brother's wife) Sita Devi. Her Devar Balbir Chand and Devrani Sita Devi were objecting to their passing through that portion in the house, due to this reason yesterday i.e. 8.2.1988 at about 3.00/4.00 p.m. her devar Balbir Chand and her Devrani Sita Devi after conniving with each other had set her on fire with the intention to kill her; when she was set on fire, her husband was not present in the house; she had received burns on both of her legs, back, left hand and her clothes were also burnt. Her abdomen and right hand had also been affected due to the heat of fire. Her brother Jagan Nath etc. had got her admitted in the hospital at Bathinda.

(3.) Krishna Devi deceased was admitted in Civil Hospital, Bathinda, about 10 to 12 Kms away from Mandi Goniana, at about 11.15 a.m.