(1.) Parveen Kumar, aged 22 years, his father Jagdish Ram, aged 51 years, his mother Kulwinder Kaur alias Baljinder Kaur, aged 51 years, and his sister Kirna Rani, aged 19 years, all residents of village Jandanwala were put on trial for the offences punishable under Section 498-A, 302 read with Section 34, IPC and in the alternative under Section 304-B in the Court of Session in case F. I. R. No. 3 dated 5-1-1994 registered at Police Station Nehianwala for causing the death of Geeta Rani, aged 18 years wife of Parveen Kumar. Parveen was convicted under Section 302 as also in the alternative under Section 304-B, IPC and was ordered to undergo imprisonment for life and to pay fine of Rs. 500/- and in default thereof to further undergo R. I. for 4 months, under Section 302, IPC. In view of the fact that Parveen Kumar was sentenced for the graver offence under Section 302, IPC, no sentence was awarded to him under Section 304-B, IPC in the alternative charge. Jagdish Ram, Kulwinder Kaur alias Baljinder Kaur and Kirna Rani were acquitted of all the charges framed against them, vide judgment and order dated September 12, 1995.
(2.) Feeling aggrieved, Parveen Kumar has challenged his conviction and sentence by filing Criminal Appeal No. 481-DB-1995.
(3.) Brief facts of the case are that Geeta Rani, aged about 18 years was married to Parveen Kumar about 11/4 years back. Immediately after the marriage her husband, her mother-in-law, father-in-law and sister-in-law (husband's sister) started maltreating her on the pretext that she had not brought sufficient dowry. Geeta Rani told about it to her parents on her visit to them. About 20 days back her father Gurdas Ram s/o Atma Ram, r/o Mandi Debwali, Hardial Singh s/o Laik Ram Sharma r/o Malout Distt. Faridkot, Ramesh Kumar s/o Roshan Lal and Kulwant Rai s/o Atma Ram residents of Mandi Dabwali and some more persons went to the house of her-in-laws at village Jandanwala and implored her father-in-law Jagdish Ram, her husband, Parveen Kumar, mother-in-law Kulwinder Kaur and her sister-in-law Kirna Rani to rehabilitate her and assuring them that they would fulfil their demand of scooter and furniture etc. At this, her husband and her mother-in-law told her parents that they would not rehabilitate her if their demand for scooter and furniture was not fulfilled. Thereafter, her relatives went back. On 4-1-1994, her husband and her mother-in-law told her "your parents have been making promise, but they had not kept their promise, therefore we will not let you live in our house. Today we will finish you once for all". At about 5. 00 a. m. her mother-in-law Kulwinder Kaur sprinkled kerosene oil on her and her husband Parveen Kumar, who had come back after supplying milk set her on fire with match stick. However, her father-in-law and sister-in-law exhorted them to do away with her by setting her on fire. When she raised hue and cry, her father-in-law Jagdish Ram extinguished the fire and thereafter her husband Parveen Kumar and her father-in-law Jagdish Ram got her admitted in a private hospital at Jaitu. On 5-1-1994 her uncle (father's younger brother) Kulwant Kumar went to village Jandanwala to see her. He came to know about the occurrence in the village. He got her admitted in Civil Hospital, Bathinda after getting her discharged from private hospital at Jaitu. It was further stated by Geeta Rani that her husband Parveen Kumar, father-in-law Jagdish Ram mother-in-law Kulwinder Kaur and her sister-in-law Kirna Rani had set her on fire after sprinkling kerosene oil on her with the intention to kill her for bringing insufficient dowry. Sub-Inspector Kewal Singh, Officer in charge of Police Station Nehianwala (PW-7) , who along with police officials happened to be at Bathinda in connection with a meeting came across ASI Manjit Singh and ASI Manjit Singh delivered the wireless message which was received from In-charge Police Post Civil Lines, Bathinda about the admission of Geeta Rani with burn injuries in Civil Hospital containing a request that her dying declaration be got recorded. SI Kewal Singh along with police officials reached Civil Hospital, Bathinda from where he collected Medico Legal examination report of Geeta Rani. He moved application before SDM Bathinda for recording the dying declaration, who in turn directed Sh. Harjit Singh, Tehsildar Bathinda to record the dying declaration. Consequently Harjit Singh Tehsildar accompanied by SI Kewal Singh reached Civil Hospital Bathinda and recorded the dying declaration Exhibit PD of Geeta Rani and directed SI Kewal Singh to take further steps in the matter. After obtaining opinion from the Doctor regarding the fitness of Geeta Rani in the presence of her uncle Kulwant Kumar, SI Kewal Singh recorded the statement Exhibit PH. SI Kewal Singh made his endorsement Exhibit PH/1 and sent the same to PS Nehianwala, on the basis of which case under Sections 498-A and 307 read with Section 34, IPC was registered against the accused persons. On 14-1-1994 at about 7. 40 a. m. Geeta Rani succumbed to the burn injuries in Civil Hospital, Bathinda. SI Kewal Singh on receipt of information from the Civil Hospital, Bathinda, where the dead body of Geeta Rani was lying in the mortuary, prepared the inquest report, Exhibit PF. He got the autopsy done on the dead body of Geeta Rani. Prior to that SI Kewal Singh inspected the spot and prepared visual site plan Exhibit PJ with correct marginal notes. He also took into possession burnt pieces of clothes of the deceased, a match box and an empty bottle of kerosene oil, after turning the same into sealed parcel. After the death of Geeta Rani, the offence was converted into one under Section 304-B, IPC. The accused persons were arrested. After completion of usual investigation, final report under Section 173, Cr. P. C. was submitted in the Court of Illaqa Magistrate. After commitment of the case by the Illaqa Magistrate, Parveen Kumar, Jagdish Ram, Kulwinder Kaur alias Baljinder Kaur and Kiran Rani, accused were initially charged under Sections 498-A, IPC and 304-B, IPC. Subsequently the charges were amended and the charge under Sections 498-A and 302, IPC read with Section 34, IPC and in the alternative under Section 304-B, IPC were framed to which they pleaded not guilty and claimed trial.