AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused-appellants Amarjit Singh and GianKaur, husband and mother-in-law respectively of the deceased Baljinder Kaur, have filed this appeal challenging the judgment of the Additional Sessions Judge, Amritsar, dated 16.3.2001 vide which they have been convicted under Section 304-B IPC and have been sentenced to undergo life imprisonment. Both the accused have also been convicted under Section 498-A IPC and have been sentenced to undergo rigorous imprisonment for a period of three years each along with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. Briefly the facts of the case are that Baljinder Kaur was married to Amarjit Singh about 6/7 months prior to her death. Gian Kaur was her mother-in-law.

(2.) On 28.1.1998, Baljinder Kaur was brought to Civil Hospital, Tarn Taran, having suffered burn injuries. On receipt of information from Civil Hospital, Tarn Taran, ASI Subeg Singh (PW9) reached the Civil Hospital and moved an application (Ex. PM) to know whether the patient was fit to make her statement. Vide opinion (Ex. PM/1) the doctor declared her unfit to make a statement. On 29.1.1998, ASI Subeg Singh again filed an application (Ex. PA) to which the doctor vide report (PA/1) opined that she was fit to make a statement. The statement of Baljinder Kaur (Ex. PN) was recorded by ASI Subeg Singh (PW9) wherein she stated that she was married to Amarjit Singh accused about 6/7 months back. About 7/8 days earlier, grand-mother of her husband had died and relatives and people from the village were coming to their house for mourning the death of grandmother of her husband. On 28.1.1998 at about 2:00/2:30 P.M. some people had come to her house for mourning and she was preparing tea for them.

(3.) While igniting the fire in the hearth by putting some dry straw pieces, her Dupatta caught fire, as a result of which her chin, right arm, cheeks and breasts were burnt. She further stated that the fire was extinguished by the mourners and she was taken to a local Doctor who administered some medicine and thereafter she was taken to the Civil Hospital, Tarn Taran, by her mother-in-law Gian Kaur and her husband Amarjit Singh. She further stated that she caught fire accidentally and that no one was responsible and that she did not want any action to be taken by the police. against any person.