RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated Jan. 14th , 2000 passed by Additional Sessions Judge, Amritsar, whereby, accused-appellant was convicted under Sec. 302 read with Sec. 34 of Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000.00, in default of payment of fine, to undergo rigorous imprisonment for a period of three months.

(2.) Mohinder Kaur (deceased) was married with Tarlok Singh. On July 4th , 1994, information was received by Santokh Singh, Assistant Sub-Inspector, Police Station Matewal, District Amritsar that Mohinder Kaur was burnt by their in-laws and she was admitted in Civil Hospital, Amritsar. Santokh Singh, ASI reached Civil Hospital, Amritsar and moved application (Exhibit PC/1) to the Medical Officer for seeking his opinion whether Mohinder Kaur was fit to make the statement or not ? The Medical Officer vide his opinion (Exhibit PC/1) opined that Mohinder Kaur was fit to make the statement whereupon, Santokh Singh recorded her statement (In legal parlance known as dying declaration) Exhibit PD. The gist of the statement is:-(i) that she was married with Tarlok Singh one and a half year prior to the occurrence; (ii) that her mother in law Banti, sister in law (Jethani) Rani and her husband used to treat her with cruelty for demand of dowry; (iii) that on July 4th , 1994 at 12 noon when she was working in the court-yard, her husband Tarlok Singh exhorted his mother Banti to pour kerosene on her and set her ablaze; (iv) that whereupon, Banti sprinkled kerosene upon her and her sister-in-law Rani (accused-appellant) set her ablaze; and (v) that her brother Mohinder Singh who was present in her house put a sack cloth upon her and admitted her in Guru Nanak Dev Hospital (Government Hospital), Amritsar. After recording her statement, Santokh Singh ASI appended his endorsement Exhibit PD/1 thereon and sent the same to Police Station Kathunangal. First Information Report (Exhibit PD/2) was registered against Tarlok Singh, Banti and Rani under Sections 304-B and 498-A read with Sec. 34 Indian Penal Code. Burnt clothes of Mohinder Kaur, Match box and a glass bottle containing kerosene were taken into possession. Rough site plan (Exhibit PF) was prepared.

(3.) On July 6th , 1994, Santokh Singh ASI moved application (Exhibit PG) to the Judicial Magistrate First Class (for short 'the Judicial Magistrate'), Amritsar for recording the statement of Mohinder Kaur whereupon, Sh. K.C. Garg, Judicial Magistrate, Amritsar (PW-8) recorded the statement of Mohinder Kaur Exhibit PW-8/A in which she stated:- (i) that her mother-in-law, father-in-law and husband used to quarrel with her; (ii) that her Jethani (sister-inlaw) Rani poured kerosene upon her and her mother-in-law set her on fire; (iii) that her husband tried to save her; and (iv) that Mohinder Singh her brother brought her to hospital. On July 28th , 1994, Mohinder Kaur succumbed to her injuries. Inquest report (Exhibit PH) was prepared. Post-mortem examination (Exhibit PA) was conducted by Dr. R.K. Gorea, Assistant Professor, Department of Forensic Medicines, Medical College, Amritsar. On completion of investigation, the accused were arraigned for trial.