JASWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jaswant Kaur wife of Mohinder Singh, the appellant herein, was tried under Section 302 of the India Penal Code for having committed the murder of her young daughter-in-law, who was married to Tarsem Singh, her son, only 7-8 months prior to when she was burnt alive on March 21, 1992. The learned Sessions Judge, Amritsar, vide his judgement dated April 4, 1994, held her guilty for the offence under Section 302, IPC and convicted her to undergo imprisonment for life and to pay a fine of Rs. 2000/-, in default whereof she was to further undergo RI for six months. It is against this order of conviction and sentence that the present appeal has been filed by Jaswant Kaur. Gobind Singh son of Shri Darbara Singh has filed Crl. Revision No. 442 of 1994 for enhancement of sentence. This order, thus, shall dispose of both these matters i.e. Crl. Appeal No. 228-DB of 1994 as also Crl. Revision No. 442 of 1994.

(2.) The occurrence leading to unfortunate death of Kuldeep Kaur, as per the prosecution version, took place at 11 AM on March 21, 1992 at Gate Bhagatanwala, City Amritsar, which is at a distance of one kilometre from Police Station C Division, Amritsar. The investigating agency moved in the matter on the information given to it by Gurbinder Singh, PW 5, on March 21, 1992 itself at 4.25/4.50 PM. The special report was sent to the Magistrate concerned on 25-3-1992 at 10.10 AM. Kuldeep Kaur succumbed to her burn injuries on March 27, 1992, F.I.R., Ex. PH, as referred to above, came to be recorded on the statement of Gurbinder Singh, who stated that he was resident of Gate Bhagatanwala and was running a meat shop. About 7-8 months ago, Kuldeep Kaur d/o Nath Singh, resident of village Randhiala Police Station Kot Isse Khan, who was his sister's daughter, was married to Tarsem Singh son of Mohinder Singh, Gold Smith, resident of Gali No. 1, House No. 122/9, Gate Bhagatanwala. Tarsem Singh, who was Goldsmith by occupation, had gone to Ferozepur, in connection with his business. About 2-3 months back, Kala Singh son of Udham Singh, resident of Gali Tellian, Gate Hakima, who was brother of Jaswant Kaur, mother-in-law of Kuldeep Kaur, had died. It was general rumour about the death of Kala Singh that he had committed suicide. About one month back Jaswant Kaur told her daughter-in-law Kuldeep Kaur that she had told Kala Singh that Kala Singh's mother Kartar Kaur was a lady of loose character, and due to shame Kala Singh had committed suicide. Kuldeep Kaur had told him and his brother Mohinder Singh and they had tried to convince Jaswant Kaur that this fact was not disclosed by Kuldeep Kaur but Jaswant Kaur nursed a grudge about it and she used to quarrel with Kuldeep Kaur. On the eventful day at about 11 AM, he was going towards the house of Tarsem Singh. When he reached near the door of Tarsem Singh, he heard cries of Kuldeep Kaur coming from inside the house. On going inside, he found that Jaswant Kaur was standing with a plastic can of kerosene while the clothes of Kuldeep Kaur were set on fire. He tried to put out the fire and in the meantime Jaswant Kaur went in the street out of the room. After some time, Sher Singh son of Gurdial Singh, who was husband of his sister, came there. After arranging conveyance, Kuldeep Kaur was admitted in Guru Nanak Dev Hospital. He further stated that Jaswant Kaur had set on fire Kuldeep Kaur by pouring kerosene on her with the intent to kill her. This statement was attested by ASI Surjit Singh, Incharge Police Post Gate Hakima, Amritsar, who recorded the same when he was present at chowk Bhagatanwala along with other police officials in connection with patrol duty. He had also received an information on wireless that Kuldeep Kaur was lying admitted in the hospital in a burnt condition. He reached Guru Nanak Dev Hospital where he obtained the opinion of the doctor in writing that Kuldeep Kaur was unfit to make statement. He recorded the statement of aforesaid Gurbinder Singh which was reduced into writing and explained to him. As by that time Kuldeep Kaur had not died, a case under Section 307 of the Indian Penal Code came to be registered.

(3.) PW 1 Dr. Nirmal Dass, Medical Officer, Department of Forensic Medicine, Medical College, Amritsar, conducted post-mortem on the dead body of Kuldeep Kaur on March 28, 1992 at 12.10 PM. On examination, he found that the body was moderately built. The rigor mortis was present throughout the body. The whole body was swollen. There was partial bloating of the facial features. Venesection was done on the dorsum of the left foot. Superficial to deep burns were present on face, neck, shoulders, both upper limbs and hands, front and back of chest and abdomen, sparing the gluteal regions, pubic region, front and back of both the thighs, both lower legs, sparing 3/4th of the front of left leg and soles of feet. Pus formation was present at numerous sites of the burns, singing of hair seen in the scalp in the region of forehead temporal and occipital regions. The joora was present in the centre of the head, singing also seen at the eyebrows, eye lashes and pubic area, line of redness was present at the junction of burnt and unburnt skin. Peeling of skin was seen at hands and feet. Pleura, brain, brain membrane, larynx were congested, both lungs were congested, muco-purulent discharge came out on various cut Sections from both the lungs, right side of heart was full of fluid and clotted blood and so were the large vessels. Stomach was congested and contained 50 cc of fluid material, small intestines were congested and contained chyme, liver, spleen, kidneys were congested. The uterus was enlarged in size and contained 22 cc of clotted blood only. The doctor opined that the cause of death in this case was the septicaemic shock as a result of burns which were ante-mortem and sufficient to cause death in the ordinary course of nature. Dr. Tarlochan Singh, Post-Graduate Student, Department of Surgery, Guru Nanak Dey Hospital, Amritsar was examined as PW 2, who proved bed head ticket of Kuldeep Kaur wherein her admission was shown on March 21, 1992 at. 1.05 PM. He stated that after her admission, on March 22, 1992 she gave statement in his presence to Shri Manjit Singh, Executive Magistrate, Dr. Sunil Dhawan was also present at that time. The statement was recorded between 6.30 and 7 PM. Kuldeep Kaur had dictated what she had to say and the same was reduced into writing by ASI Surjit Singh. The text of what had been written was read over to Kuldeep Kaur, who had thumb marked the same in token of its correctness. The statement was attested by him, Dr. Sunil Dhawan and Shri Manjit Singh, Executive Magistrate. The same was Ex. PE. On March 21, 1992, on the application of Surjit Singh, ASI, he had declared Kuldeep Kaur unfit to make statement vide his report, Ex. PF. Dr. Sunil Dhawan was examined as PW 9, who stated that on March 22, 1992 he was posted in Guru Nanak Dev Hospital, Amritsar, Surgery Unit No. 8 and that on that day Kuldeep Kaur wife of Tarsem Singh was admitted in the hospital. He further stated that statement of Kuldeep Kaur was written in his presence and in the presence of one Magistrate and Dr. Tarlochan Singh by a police officer. The Magistrate was asking the questions and the police officer was transcribing the answers. On the completion of her statement, thumb impression of Kuldeep Kaur was obtained on the transcription at point 'A' and the same was attested by him, Dr. Tarlochan Singh and Shri Manjit Singh, Executive Magistrate and ASI Surjit Singh. Manjit Singh, Naib Tehsildar, Ajnala, when appeared as PW 3, stated that on March 22, 1992 he was posted as Naib Tahsildar, Amritsar and on receipt of orders from Shri L. B. Hans, S.D.M., Amritsar, he had gone to Guru Nanak Dev Hospital, Amritsar and recorded the statement of Kuldeep Kaur. Whatever was stated by Kuldeep Kaur was dictated by him to ASI Surjit Singh in the presence of Dr. Sunil Dhawan and Dr. Tarlochan Singh and after the same was complete, it was read over to Kuldeep Kaur and she thumb marked the same at point 'A' on Ex. PE in token of its correctness. During the period when her statement was recorded both the doctors remained present and Kuldeep Kaur remained conscious. He further stated that the statement was made voluntarily by Kuldeep Kaur and she had not been compelled by any one to make a statement. Ex. PE was attested by him and both the doctors. Gurbinder Singh appeared as PW 5 and reiterated the version given by him while his statement was recorded by ASI Surjit Singh. Natha Singh, father of Kuldeep Kaur, appeared as PW 6. He sated that he was informed by his relations that his daughter Kuldeep Kaur had been burnt alive by her mother-in-law after pouring kerosene on her and that she had been admitted in the Hospital. On March 22, 1992 he reached the hospital where he met his daughter, who told him that her mother-in-law had quarrelled with her and had set her ablaze. He stated that statement of Kuldeep Kaur was recorded in his presence and two doctors by an Executive Magistrate. On that day, his daughter had a miscarriage and gave birth to a dead male child. He further stated that his daughter had died on March 27, 1992. The way and manner in which the investigation proceeded in the matter was provided by ASI Surjit Singh. He stated that on receipt of an information, he reached Guru Nanak Dev Hospital, Amritsar where Kuldeep Kaur was admitted as an indoor patient on account of burn injuries on her person. He obtained the opinion of the attending doctor, Ex. PK, to the effect that Kuldeep Kaur was unfit to make a statement. He recorded the statement of Gurbinder Singh and after making his endorsement, he sent it to the police station for recording formal FIR which was recorded by SI Hargans Singh. He also went to the spot and prepared rough site plan, Ex. PL. From the spot, he picked up a plastic can, broken bangles, match box and pieces of burnt clothes vide memo Ex. PJ. He got the place of occurrence photographed and recorded the statements of witnesses. On March 22, 1992 he again obtained the opinion of the doctor, Ex. PN, declaring her fit to make a statement and as such he recorded her statement in the presence of Shri Manjit Singh, Executive Magistrate and Dr. Sunil Dhawan and Dr. Tarlochan Singh. The Magistrate was asking the questions and he was transcribing the answers into document, Ex. PE. After the completion of the statement. Kuldeep Kaur signed it and the same was attested by Shri Manjit Singh, Dr. Tarlochan Singh and Dr. Sunil Dhawan and himself. He also prepared the inquest report, Ex. PC in which he recorded the statements of Mohinder Singh and Natha Singh and collected the bed head ticket, Ex. PD and sent the dead body for post mortem examination along with request Ex. PB. He arrested the accused on April 2, 1992.