AVTAR LAL Vs. PUNJAB STATE

JUDGEMENT

(1.) PROSECUTION case in brief is that Smt. Sukhwinder Kaur alias Kamlesh daughter of Ram Saran of village Maheru, Police Station, Phagwara was married to Avtar Lal son of Darshan Lal of village Beas Pind Police Station Adampur, 6/7 years prior to 6/1993. Smt. Dhandevi-appellant is Avtar Lal's mother i.e. Sukhwinder Kaur's mother-in-law. After marriage, Sukhwinder Kaur's relations with her husband and mother-in-law became strained. There had been frequent quarrels between her on the one hand and her mother-in-law and husband on the other hand and they used to tell her that they would not keep her in the matrimonial home. Her mother-in-law Dhandevi and sister-in-law Avtar Kaur used to give beatings to Smt. Kashmiro wife of younger son of Dhandevi. She was turned out of the matrimonial home. Smt. Dhandevi used to exclaim that "turn Sukhwinder Kaur out of the matrimonial home and she would bring a new wife for her son Avtar Lal the very following day." She had been telling her mother, uncle (chacha) Charanjit and taya Karam Chand, cousins and brother Bishamber of their treatment towards her. For quite some time she used to put up with her parents as a sequel to their ill-treatment towards her. Her in-laws brought Panchayat to her parents. Panchayat made entreaties to them. She was sent to the matrimonial home in the wake of rapprochement brought about by the Panchayat. She had come to the matrimonial home a month prior to the fateful day. On the fateful day i.e. 26.6.1993 there had been quarrel between her on the one hand and her mother-in-law on the other hand as she had given Rs. 5/- to her son who had spent that amount. Her husband came to the house in the night of 26.6.1993. Her mother-in-law and husband first pulled her hair and picked up quarrel with her and thereafter they poured kerosene and set her ablaze at about 11.00 p.m. She raised alarm. People came who poured water on her for extinguishing fire. She was taken to Civil Hospital, Jalandhar at about 3.00 a.m. on 27.3.1993. On receipt of ruqa Ex. P.C. from Civil Hospital, Jalandhar regarding the admission of a burn case in Civil Hospital, Jalandhar, ASI Harjit Singh along with Sh. S.S. Bains, Executive Magistrate, Jalandhar reached Civil Hospital, Jalandhar. After the doctor had opined on the request of ASI Harjit Singh (whether Smt. Sukhwinder Kaur alias Kamlesh was fit to make statement) that she was fit to make statement, Sh. S.S. bains, Executive Magistrate, Jalandhar recorded statement Ex. PD of Smt. Sukhwinder Kaur alias Kamlesh. Statement Ex. P.D. was in the nature of 'dying declaration'. It completed at 4.00 p.m. It was attested by Sh. S.S. Bains, Executive Magistrate, Jalandhar. It was attested by ASI Harjit Singh. Dr. S.K. Sharma gave certificate Ex. PD/1 on this statement that she was fit to make statement. After statement was over it was signed by her. Dr. S.K. Sharma again gave certificate Ex. PD/2 that she remained conscious and fit throughout her statement and he was present throughout when her statement was being recorded. On the basis of statement Ex. PD case FIR No. 51 was registered at Police Station, Adampur under Section 307/34 of the Indian Penal Code vide formal FIR Ex. PG/1. On 3.7.1993 at 4.15 p.m. Smt. Sukhwinder Kaur alias Kamlesh expired due to burn injuries. Offence was, therefore, converted into one under Section 302 Indian Penal Code. In this behalf DDR No. 18 was recorded at Police Station, Adampur. Autopsy on the dead body was performed on 4.7.1993 by Dr. S.K. Sharma, Medical Officer, Civil Hospital, Jalandhar who noticed first and second degree burns all over the body, peeling of skin was present at places, infected burn wounds containing pus were present at several places. Ointment whitish in colour was present all over the body. He noticed singeing of hair of skull, eye brows, eye lashes, pubic hair and arm pit hair was present. 1" stitched wound was present on the medial aspect in the lower 1/3rd right leg (site of venesection).

(2.) ALL the injuries were ante-mortem in nature. In his opinion, the cause of death was septicaemia and dehydration due to extensive burn injuries which were sufficient to cause death in the ordinary course of nature. Probable time that elapsed between injuries and death was within 7 days and probable time that elapsed between death and post mortem was 24 hours. After investigation, Avtar Lal and his mother Dhan Devi were challaned under Section 302/34 of the Indian Penal Code.

(3.) ADDITIONAL Sessions Judge, Jalandhar charged Avtar Lal and Dhandevi under Section 302/34 Indian Penal Code vide order dated 20.10.1993. Accused pleaded not guilty to the charge and claimed trial.