GURBACHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Was Jasbir Kaur alias Raj Bala, a young married woman of 22 years, having two male children, burnt alive by her husband Gurbachan Singh and mother-in-law Harnam Kaur alias Satnam Kaur within about three years of her marriage, with Gurbachan Singh or did she end her life on her own, is the sole question that needs determination in the present appeal preferred by the appellants, Gurbachan Singh and Satnam Kaur against the judgement recorded by the learned Sessions Judge, Ambala, on November 2, 1993, vide which they were held guilty under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/- each and in default thereof to further undergo R. I. for two years.

(2.) The occurrence took place at the house of the appellants in the evening of August 19, 1990, in village Nasirpur, which is at distance of 2 kms. from Police Station Sadar Ambala City. The First Information Report with regard to her death was lodged by Bhagwan Dass, her father, on August 19, 1990, itself at 8.15 p.m. at Manav Chowk which came to be recorded by ASI Gurbachan Singh, P.W. 8. The grief stricken father has got recorded in the report lodged by him that he was doing the work of buffaloes and had five sons and three daughters. He had solemnised the marriage, of his youngest daughter Jasbir Kaur alias Raj Bala in April, 1987, with Gurbachan Singh son of Himmat Singh resident of village Nasirpur according to Hindu rites. He had given dowry in the marriage of his daughter more than his capacity. His daughter often visited her in-law's house. His daughter had two sons, out of whom elder one was two years old whereas the other was five months old. After the marriage, Satnam Kaur, mother-in-law of Jasbir Kaur and his son-in-law Gurbachan Singh used to harass her again and again to bring more dowry and often said that what she had brought in dowry. His daughter had told him in that regard his house many times. About five months ago, when his daughter had given birth to a younger son then her mother-in-law and her husband compelled her to bring one pair of golden ear rings and Rs. 1000/- in cash in dowry. He told them that they were spending their days in very difficult position and that they had already given dowry to his daughter more than their capacity. At this her mother-in-law and her husband were harassing his daughter again and again. On the eventful day i.e. August 19, 1990 at about 7 p. m. he received an information in his house, which was situated nearby, that his daughter Raj Bala alias Jasbir Kaur had set herself on fire after sprinkling kerosene oil on her due to the atrocities committed by her husband and her mother-in-law. He along with his son Purshotam Lal and his wife Sumitra Devi reached the house of Gurbachan Singh at village Nasirpur. They saw that Jasbir Kaur was lying in burnt condition. He sent her along with his son Purshotam Lal to Civil Hospital, Ambala City for treatment. He was going to the police station to lodge the report that Gurbachan Singh, ASI, Police Station Sadar Ambala City met him at Manav Chowk, Ambala City. On the basis of the statement made by Bhagwan Dass, father of the deceased, formal FIR came to be recorded at 8.30 p.m. on August 19, 1990, itself. The FIR was, however, at that stage registered under Section 498-A of the Indian Penal Code which was later converted into Sections 302/304-B/34/498-A IPC and it is under these Sections of the IPC that charge was framed against the appellants. The special report with regard to the incident reached the Magistrate concerned on August 19, 1990, itself at 10.30 p.m.

(3.) The prosecution, with a view to bring home the offence against the appellants, examined three doctors, namely, Dr. Anand Kumar Jindal, Dr. Rajesh Chaudhary and Dr. S. D. Arora as P.W. 1. P.W. 2 and P.W. 10 respectively. Dr. A. K. Jindal had examined Jasbir Kaur on August 19, 1990 at 8. 15 p.m. He stated that the patient was conscious. She was well oriented in time and space. Pulse was 108 per minute. Conjunctiva was congested. Pupils were of normal size and reacting to light. Skin over whole of the body was burnt. At places there was reddish denuded area. The hair of the Scalp were burnt and there was smell of kerosene present. She was kept under observation by the doctor. On the same very day at about 11.20 p.m. ruqa Ex. PB was sent to the Incharge, Police Post No. 3, Ambala City about the death of the patient Jasbir Kaur. In cross-examination, the witness stated that the patient was conscious but in precarious condition. She was crying with pain and was suffering from 100% burns. The witness further stated that the patient did not make any statement to him regarding the circumstances in which she had-received burns injuries. The suggestion given to the witness that patient was unconscious at the time when she was brought to the hospital was denied by him. Dr. Rakesh Chaudhary, P.W. 2 stated that on August 20, 1990, Doctor Incharge Civil Hospital, Ambala City had formed a panel of doctors for conducting post-mortem on the dead body of Jasbir Kaur. The penal consisted of himself and Dr. S. D. Arora. On that day they had conducted post-mortem on the dead body of Jasbir Kaur and found that it was a dead body of moderately built and nourished female. Her mouth was open. White metal Karra and three blue coloured glass bangles were present on the left fore-arm. White metal ring was present on the ring finger of the right hand. Both the limbs (upper and lower) were partially flexed. Arms were somewhat fixed and fingers of both the hands were hooked like claws. Rigor mortis was present in all the four limbs. Hair were burnt and singeing of the scalp hair was present. Membranes were congested and brain was healthy. Walls, ribs and cartiages were healthy. Pleurae was congested. Little sooty carbon particles were seen in the trachea. Right and left lungs were congested. Pericardium was healthy and left chamber of the heart was healthy whereas right chamber was full of blood. Large vessels were healthy. Burn injury was present on abdominal wall. Mouth was healthy. Oesophagus contained black sooty material. Semi digested food matter was present in the stomach. Mucous membrane of the stomach was reddened. Small intestines contained semi digested food matter. Mucous membrane was reddened. Large intestines contained faecal matter. Liver was pale and spleen was congested. Kidneys were congested. Urinary bladder was empty. Organs of generation external and internal were healthy. Extensive burn injuries superficial to deep were present over whole of the body, sparing only partial soles of both the feet. Singeing of the hair and eye brows were seen. Blackening was present at various places. Smell of kerosene oil was present in the partially burnt scalp hair. Peeling of the skin at various places was present over whole of the body. Vesicles formation containing serous fluid was present at various places. Line of redness was present. The death in the opinion of panel of doctors was because of shock and asphyxia as a result of extensive burns which were ante-mortem in nature and sufficient to cause death in ordinary course of nature. The duration between, death and post-mortem was within 24 hours. Dr. S. conclusion of the trial and he stated that on August 19, 1990, he was posted at General Hospital, Ambala City, as Medical Office. On August 20, 1990, he had conducted post-mortem examination on the dead body of Jasbir Kaur along with Dr. Rakesh Chaudhary. He further stated that he had worked with Dr. A. L. Jindal for about two years. However, he stated that signatures at point 'A' on Ex. PJ appeared to be that of Dr. A. L. Jindal but he was not definite. It requires to be mentioned here that before death Jasbir Kaur had given a dying declaration which was recorded by a Magistrate. This dying declaration had an endorsement of Dr. A. L. Jindal and while examining him the Public Prosecutor conducting the trial on behalf of the State, had completely lost sight of the fact that besides getting information from Dr. Jindal with regard to medical examination of Jasbir Kaur, the witness was also to be questioned with regard to dying declaration. This mistake was realised later, although during the currency of the trial and, therefore, an application was moved to recall the said witness. When on few occassions attempt was made to serve the witness but he could not be served, the necessity arose then to examine Dr. S. D. Arora as P.W. 10. The said doctor could not, however, definitely identify the signatures of Dr. A. L. Jindal on the dying declaration, Ex. PJ. The prosecution also examined Bhagwan Dass, father of the deceased Jasbir Kaur as P.W. 5 Gobind Lal, Sarpanch of village Nasirpur as P.W. 6 and Purshotam Lal, brother of the deceased as P.W. 7. Bhagwan Dass, in his deposition in the Court, reiterated the facts and circumstances leading to the death of his daughter as were given by him while getting the FIR recorded. He further stated that at the time of birth of second child of his daughter, her husband Gurbachan Singh and her mother-in-law Satnam Kaur had demanded ear ring and Rs. 2000/- in cash and that it was told to him by his daughter when she visited his house. Appellant Gurbachan Singh had given a sword blow to his son Gurdarshan Lal about three months prior to the death of his daughter and a panchayat was convened which consisted of Gobind Ram, Darshan Singh, Raju Singh and Purshotam Lal. In the panchayat, a compromise was arrived at that appellant Gurbachan Singh and his mother Satnam Kaur would not harass and demand dowry from Jasbir Kaur. The said compromise was reduced into writing. A copy of the said compromise, witness stated had been handed over to the police. He produced original compromise, Ex. PK which he had brought in Court when he save the statement. After compromise, the witness further stated, he had sent his daughter Jasbir Kaur with Gurbachan Singh and thereafter they lived peacefully for two/three months and it is on August 19, 1990, that he received an information about the death of his daughter Jasbir Kaur through Mangat Singh, brother of appellant Gurbachan Singh. Mangat Singh had informed him that Gurbachan Singh and his mother Satnam Kaur had burnt his daughter Jasbir Kaur and thereafter he (Mangat Singh) had run away after giving the information. He immediately left far village Nasirpur and there his daughter told him that she had been burnt by her mother-in-law and her husband. Coming now to the cross-examination and, we may mention here that we are referring to only that portion of the cross-examination on which the defence relies in support of the appeal, it shall be been that therein the witness stated chat the house of the accused was about 1-1/2 kms. from his house and that Surinder Kaur, sister of Gurbachan Singh was married to hrs son on the following day when his daughter was married in the form of an exchange. At the time of marriage and earlier thereto, there was no demand of dowry from both side in respect of both manages. The accused had, however, started demanding dowry after the marriage. He also stated that when he reached Gurbachan Singh house, his daughter told him that she had been set on fire by Gurbachan Singh after Satnam Kaur had poured kerosene oil on her. He, however, denied that in his report to the police he had stated that he had received information about his daughter Jasbir Kaur that she set herself on fire getting sick of the accused. Since it was so stated by him while lodging the report, he further stated that the police might have written about it on its own. He denied having known Madan Lal and Vijay Dhahia and as to whether they were present amongst many persons who had gathered over there when he had gone to the house of the accused. He also stated that the police had come to the spat alongwith him and it is thereafter that he deputed his son Purshotam Lal to accompany his daughter to the Civil Hospital. P.W. 6 Gobind Lal, who was Sarpanch of village Nasirpur, stated that he knew Bhagwan Dass, anti Jasbir Kaur alias Raj Bala, who was married to Gurbachan Singh in the year 1987. Roshan Lal son of Bhagwan Dass was married to the sister of Gurbachan Singh. Gurbachan Singh and Jasbir Kaur were living together but their relations were not cordial. Bhagwan Dass had informed him that the relations between his daughter Jasbir Kaur and her husband Gurbachan Singh were not cordial and they had been quarrelling over their children. They had two children and the younger one was three-four months old. Gurbachan Singh had desired his wife bring a bring of gold from her parents over the birth of hr, second male child. There was no dispute between Jasbir Kaur and her husband Gurbachan in Singh as there was a compromise between Gurbachan Singh and Bhagwan Dass Gurbachan Dass, had caused injuries to Gurdarshan Singh son of Bhagwan Dass. The compromise was reduced into writing and Ex. PK was the original attested by him as also by other witness and after compromise, Bhagwan Dass had never complained him regarding behaviour of in-laws of Jasbir Kaur After receiving information regarding the death of Jasbir Kaur, he went to the spot where the police was already present. The police had recovered from the place of occurrence one bottle of kerosene oil with broken head and a match box alongwith some ash from the spot. In cross-examination stated that at the time of marriage of Gurbachan Singh with Raj Bala and marriage of Surinder Kaur, sister of Gurbachan Singh with Roshan Lal, there was no demand of dowry. He also stated that one Vijay Kumar, who hails from Bihar, resided as a tenant in the house of Krishan Lal which was situated close to the house of Gurbachan Singh and that Madan Lal resided in a house adjoining to Gurbachan Singh's house. When he reached injured body of Jasbir Kaur was being taken to the Civil Hospital and Madan Lal and Vijay Kumar aforesaid were present amongst others who had gathered at the house of accused. On the spot, he learnt that Vijay Kumar had made efforts to extinguish the fire. The people gathered over there were talking about it and Vijay Kumar had also told him the something. On his asking, Vijay Kumar had told him that Satnam Kaur had gone out of the house of the fields to answer the call of nature and Shanti Devi had confirmed this fact to him that she and Satnam Kaur had gone to answer the call of nature. The witness further stated that neither he asked nor Vijay Kumar told him about the presence or absence of Gurbachan Singh and that police party had reached during night and, as far as he recollected, the police party had reached at about 9.10 p.m. P.W. 7. Purshotam, Lal stated that his brother Roshan Lal was married to Gurbachan Singh's sister with difference of only one day. Gurbachan Singh and Satnam Kaur resided in two room apartment of their house and were living Jointly. Gurbachan Singh had started mal-treating Jasbir Kaur after two-three months of the marriage. Satnam Kaur had also been ill-treating her Jasbir Kaur had two children and her youngest child was about four months old at the time of occurrence. He reaffirmed the version of his father with regard to demand of pair of earrings and Rs. 2000/- on the birth of second male child and with regard to compromise brought about by panchayat. In cross-examination, he stated that Gurbachan Singh appellant had sold away the earrings made of gold of his sister Jasbir, Kaur and he had spent the sale proceed son liquor consumption. Accused Gurbachan Singh had forcibly taken away the said golden earrings from his sister Jasbir Kaur. He also stated that Jasbir Kaur was in full senses when they reached there and that Gobind Lal Sarpanch had also reached at the spot. He along with his mother and accompanied by Gurbachan Singh had taken Jasbir Kaur in injured condition to the hospital. He further stated that Gurbachan Singh had remained with him in the same very room where Jasbir Kaur was lying in the hospital and when the Magistrate had arrived in the hospital, he and Gurbachan Singh were present over there. Magistrate had made him and Gurbachan Singh to leave the room where Jasbir Kaur was lying on the hospital bed. The Magistrate had not recorded his statement but he had made him and Gurbachan Singh to sign the papers prepared by him. The Magistrate had reached the hospital at about 9-9.30 p.m. whereas Jasbir Kaur was taken to hospital at about 7.30 p.m. He further stated that he and Gurbachan Singh remained with Jasbir Kaur throughout, till the arrival of the Magistrate. He further stated that he did not make a statement to the police that his sister Jasbir Kaur, getting fed up with atrocities committed on her by her husband, had committed suicide. Since his statement before the police was like that, he was confronted with the said statement. He also stated that Surinder Kaur, sister of Gurbachan Singh had filed proceedings tinder Section 125 Cr. P.C. against his brother Krishan Lal, who had undergone one month's simple imprisonment on account of default of payment of maintenance allowance. He also stated that Surinder Kaur had got him, his brother and parents challaned in a case under Section 498-A IPC. The prosecution also examined Gurbachan Singh ASI as P.W. 8, Joginder Singh Inspector, as P.W. 9, and Vishnu Dutt, SubInspector, as P.W. 11, who gave details of the investigation conducted by them in the case. In cross-examination, P.W. 9 stated that he had not arrested Satnam Kaur because her daughter-in-law had expired and people were coming to offer condolence. He further stated that she was never arrested because there was no evidence against her. Additional Superintendent of Police had also found Satnam Kaur to be innocent. On August 19, 1990, he had recorded statements of Vijay Kumar, Madan Lal and Shanti Devi but none from the complainant party made any statement on August 19, 1990, and the statements of witnesses recorded on August 19, 1990, showed that Gurbachan Singh and Satnam Kaur were not present at the spot. He, further stated that the statements of witnesses recorded on August 19, 1990, also revealed that they had tried to put out the fire. He further stated that according to his investigation, Satnam Kaur was residing separately from her son. Vide statement dated May 24, 1993, learned Public Prosecutor gave up P.Ws. Roshan Lal and Lachhman Dass as unnecessary and P.Ws. Vijay Kumar and Madan Lal as having been won over by the accused.