GIAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the order of the Additional Sessions Judge, Jalandhar, dated 9th December, 1986, whereby Darshan Lal and Balbir alias Mauji were acquitted, whereas Gian Kaur and Balvinder Kaur accused were convicted under Section 302/34, Indian Penal Code, and each of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-. In default of payment of fine each of them was directed to undergo further rigorous imprisonment for six months. Aggrieved against the said order, Gian Kaur and Balvinder Kaur accused have filed the present appeal.

(2.) IN brief the facts of the case, as narrated by Darshan Lal P.W., are that his daughter Rita (deceased) was married to Balbir accused about six months prior to the present occurrence. It was a court marriage. The deceased and her husband Balbir accused startled quarrelling with each other over petty matters three or four months after marriage. Twice or thrice Rita complained to her father Darshan Lal P.W. that her husband was demanding dowry, but Darshan Lal P.W. could not afford to fulfil this demand. About 10-12 days prior to the present occurrence, Balbir accused started living with his wife Rita (deceased) in a rented house, close to the house of his father Darshan Lal co-accused. On 21.6.1986 at about 6 p.m. Darshan Lal P.W. received information through Mst. Karmi (his mother's sister), who used to reside in the vicinity of the house of Balbir accused, that Rita was set on fire. Darshan Lal P.W. accompanied by wife, immediately came to the house of Balbir accused and found that his daughter Rita with extensive burn injuries was lying in the house. She informed her parents that her in laws had set her on fire.

(3.) ON the following morning A.S.I. Darshan Singh went to the hospital at about 7 p.m. He prepared inquest report and entrusted the dead body of Rita to Constables Gurdial Singh and Gurbachan Singh for post-mortem examination. He inspected the spot at about 12.30 p.m. that day, took into possession some burnt pieces of clothes and other articles, including match-box and gunny bag smeared with kerosene oil. All the accused, excepting Balvinder Kaur, were arrested on 2.7.1986, and the latter was arrested on 12.7.1986. After completion of investigation all the four accused were challaned and tried. Darshan Lal and Balbir accused were acquitted, whereas Gian Kaur and Balvinder Kaur were convicted and sentenced as indicated above.