SEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Charge framed against the appellant under Section 302 of the Indian Penal Code for intentionally causing the death of his wife, Harvinder Kaur, by setting her ablaze has upheld and he has been convicted under the said Section to undergo life imprisonment and to pay a fine of Rs. 1000/-, in default whereof, he has been further ordered to undergo R.I. for six months, vide orders dated August 16, 1993 recorded by the (earned Sessions Judge, Hoshiarpur.

(2.) The facts, leading to the death of Harvinder Kaur, were narrated by her only when she was admitted in the hospital with 80% burns. Her statement came to be recorded at 4.10 or 4.15 p.m. on August 23, 1992. The special report with regard to the incident reached the Magistrate concerned at Garshankar at 9.15 p.m. on the same day. She stated that three years ago, she was married with Sewa Singh son of Jawala Singh. Her husband used to quarrel with her for bringing insufficient dowry. She used to say to her husband that her parents were poor people and were not in a position to give more dowry. On August 21, 1992 she and her husband Sewa Singh had gone to her husband's sister, namely, Satya wife of Gurdev Singh at village Ghahour, Police Station Garshankar. Her husband's sister, Satya and her (Satya's) husband Gurdev Singh, after leaving them in the house, had gone to Gurudwara Saheedan at Banga Road. After they had left, her husband Sewa Singh again started quarrelling with her for bringing less dowry. At about 12 noon, her husband beat her and out of fear she went inside the room. Her husband while having a kerosene oil bottle and a matchbox came in the room and sprinkled kerosene oil on her clothes and set her clothes on fire with the matchstick. She raised hue and cry. At this, Ajit Singh Sarpanch, Lachhman Singh, Member Panchayat and Bachhitar Singh, Member Panchayat reached the spot. At that time, her husband was closing the door after setting her on fire. The said persons tried to overpower her husband but he succeeded in running away. Ajit Singh Sarpanch, Lachhman Singh and Bachhitar Singh Member Panchayat saw her clothes on fire. They opened the door and extinguished the fire. Major portion of her body was badly charred. After making arrangements for a vehicle, the said persons removed her to Civil Hospital for treatment. Her husband's sister's husband (NANDOYIA) Gurdev Singh, on being called, also reached there. She further stated that this act of sprinking kerosene oil over her body and setting her on fire had been done by her husband Sewa Singh with an intention to kill her for bringing insufficient dowry.

(3.) Police party consisting of Mohan Singh SI, Nirmal Singh, HC, Baldev Raj, Constable, Narinder Singh, Constable, Raman Kumar, SPO, Makes Kumar, SPO and Sarabjit, SPO was going on Anandpur road in a requisitioned four wheeler for patrolling. When they reached near the gate of the hospital. Kashmiri Lal, Peon of the hospital met them and handed-over a chit regarding admission on Harvinder Kaur wife of Sewa Singh in the hospital with burn injuries. SI Mohan Singh along with the accompanying staff, reached the Civil Hospital and obtained the opinion of the doctor in writing for recording the statement of the injured. The doctor declared Harvinder Kaur fit to make statement. SI Mohan Singh recorded the statement of Harvinder Kaur, mention whereof has been made above. Since by that time, Harvinder Kaur was alive, a case under Section 307, IPC was registered against the appellant. This was, however, converted to Section 302, IPC as, after few hours, when Harvinder Kaur was being taken to PGI, Chandigarh, she died on the way.