PAWAN KUMAR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) 23rd April, 1993 was declared as a black day for the accused when a case was registered against them on account of an occurrence, which took place at about 10.00 A.M. on that date in the area of Gita Colony, Jagraon, Ludhiana and ultimately, Kanta Rani met her edge of doom on April 26, 1993 on account of burn injuries. The accused were sent up for trial and the learned Additional Sessions Judge, Ludhiana, vide his judgment/order dated April 28,1997 acquitted accused Pavittar Kumar and Sureshta Devi, his wife, whereas appellant Pawan Kumar was convicted for an offence punishable under Section 302 of the Indian Penal Code and accordingly, he was sentenced to imprisonment for life and was also directed to pay a fine of Rs. 5,000/- and in default of payment of fine, he was ordered to undergo rigorous imprisonment for a further period of one year. This order of conviction necessitated the filing of the appeal in hand.

(2.) THE other facts required to be noticed for the disposal of this appeal are that on April 23, 1993, Assistant Sub Inspector Satwant Singh posted in Police Post Hira Bagh, Police Station Jagraon, recorded statement of deceased Kanta Rani, wherein she disclosed that she was married about 08 years ago with Pawan Kumar and out of this wedlock, they were blessed with one male and female child. She further disclosed that on that date at about 10.00 A.M., she asked her husband to attend to his work, but he started abusing her by calling bad names. In the meantime, the elder brother of her husband Pavittar Kumar and his wife Sureshta arrived there and they also started abusing her. They told her husband that she be finished and they would arrange his second marriage. She was caught hold of by her brother-in-law and sister-in-law in the kitchen and her husband put kerosene on her and lighted match stick and put her on fire. She raised an alarm for her safety and was rescued by neighbours. Subsequently, she was got admitted by her husband in the Civil Hospital, Jagraon, from where she was referred to Civil Hospital, Ludhiana, where her treatment was going on. She further disclosed that she was put on fire, inasmuch as all the three accused wanted to arrange second marriage of Pawan Kumar. On the basis of this statement, Ex. PK, a formal FIR was registered against the accused. The statement of Om Parkash was also recorded and the Investigating Officer inspected the place of occurrence and took into possession a plastic can containing 1-1/2 litres of kerosene oil, burnt stick and burnt clothes and after converting them into a parcel, the same were taken into possession through recovery memo. Site plan, Ex. PA, was prepared. On April 24, 1993, Pawan Kumar and Pavittar Kumar were arrested from Bus Stand Jagraon and on April 26, 1993 he has received intimation, Ex.PV, from C.M.C. and Hospital, Ludhiana about the death of Kanta Rani and after reaching the Hospital on April 27, 1993, he prepared inquest report, Ex. PD and sent the dead body for post mortem examination through constables Iqbal Singh and Gurmit Singh to Civil Hospital, Ludhiana. The offence was converted into under Section 302 of the Indian Penal Code. Dr. Balbir Singh produced one parcel containing clothes of the deceased in sealed condition and this parcel was taken into possession vide recovery memo, Ex. PX. Surestha accused was arrested on May 24, 1993. After completion of investigation and the other necessary formalities, challan was presented against the accused and they were sent up for trial.

(3.) PROSECUTION , in support of its case, examined as many as seven witnesses, namely, Karamjit Singh (PW-1), Dr. U.S. Sooch (PW-2), Dr. Balbir Singh, Senior Medical Officer (PW-3), Om Parkash (PW-4), Govardhan Lal (PW-5), E. Rai Singh, Medical Record Officer (PW-6) and Sub Inspector Satwant Singh (PW-7).