AMAR NATH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The appellant questions his conviction under Sec. 302 IPC and sentence of imprisonment for life and to pay fine of Rs.2,000/ in default, to undergo further RI for three months.

(2.) Case of the prosecution is that Santosh Rani, deceased, daughter of Dhani Ram (PW -8) was married to the appellant about 11/2 years prior to the occurrence, which took place on 18.6.1995. FIR was registered on the dying declaration of the deceased, recorded by Executive Magistrate at 7 P.M. to the effect that the appellant was having illicit relations with Sita, sister of Smt. Bhajno wife of brother of the appellant and on objection of the deceased, she used to be given beatings by the appellant and other co -accused Harmesh Kumar, Harbhajan Kaur and Pushpa Rani, who have since been acquitted. She was even turned out of the house, but a compromise was reached and she resumed cohabitation about a month prior to the occurrence. The appellant and the other co -accused again started giving beatings to the deceased. On the date of occurrence, in the morning, the appellant and the other co -accused gave beatings to the deceased and the appellant poured kerosene oil on her and set her on fire. She raised hue and cry. The neighbours tried to extinguish the fire. Thereafter, the appellant got her admitted in the local Civil Hospital. She was brought to the hospital at about 4.10 P.M., on which, the doctor informed the police. ASI Inderjit Singh (PW -9) received an intimation from the hospital. He made an application (Ex. PD) to the Executive Magistrate to record the statement of the injured. PW -1 Amarjit Pal, Executive Magistrate went to the hospital and after obtaining the opinion of the doctor Ex.PW -10/A/1 at 6.20 P.M., he recorded the statement of the deceased Ex.PB in the presence of Dr. Ajay Sahni (PW -10), who gave certificate Ex.PB/1, below the statement, to the effect that she remained fit during her statement. PW -12 Rajinder Singh, the then SHO also reached the hospital and took over the investigation. He recovered the kerosene oil and one match box from the place of occurrence vide recovery memo Ex.PW8/A. Subsequently, PW -12 Rajinder Singh received chit (Ex.PW -12/C from the hospital that Smt. Santosh Rani died at 7.25 P.M. PW -12 Rajinder Singh prepared inquest report (Ex.PW -7/C and got postmortem examination conducted. Dr. Surinder Singh (PW -7) conducted the post -mortem examination. According to him, cause of death was shock and dehydration resulting in cardio respiratory failure due to 90% burns, which were ante mortem and sufficient to cause death in the ordinary course of nature.

(3.) After completing investigation, he sent up the accused for trial.