TARSEM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 7.3.1998 passed by the Court of learned Additional Sessions Judge, Jalandhar whereby he convicted and sentenced the accused Tarsem Lal, Hira, Mohan Lal, Shakuntla and Baldev to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 1,000/- each under Section 498-A of IPC and in default of payment thereof, the defaulter was to further undergo rigorous imprisonment for 3 months and also sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 500/- each under Section 306 of IPC and in default of payment of fine, the defaulter was to further undergo rigorous imprisonment for one month, with a further direction that the substantive sentences shall run concurrently.

(2.) SUCCINCTLY put, the facts of the prosecution case are that the marriage of Kamlesh deceased was solemnised with the accused Tarsem Lal about 2 years prior to her death, which took place on 11.10.1995. The harassment and ill- treatment meted out by her husband, her husband's brothers and mother-in-law, forced her to douse her body in kerosene oil and set ablaze on 27.09.1995. Shortly thereafter, she was removed to the Civil Hospital, Phillaur, where her statement was recorded by Sub Inspector Harbhajan Singh. On the dint of the same, the FIR was registered. She was referred to D.M.C. and Hospital Ludhiana, where she remained hospitalised till 11.10.1995 and ultimately she succumbed to the burn injuries. Another dying declaration of her was recorded by Mr. S.K. Sachdeva, Judicial Magistrate Ist Class, Ludhiana. In her such dying declaration, she reiterated that the accused used to pick up quarrel with her and taunt her of her living with her husband's father's younger brother. After death, her dead body was brought to Civil Hospital, Phillaur, where the same was subjected to post mortem examination. In due course, the accused were put under arrest. After completion of investigation, the charge- sheet was laid in the Court of learned Illaqa Magistrate, who committed the same to the Court of Sessions for trial of the accused.

(3.) WHEN examined under Section 313 of Cr.P.C, all the accused denied the incriminating circumstances appearing in the prosecution evidence against them and pleaded innocence. Tarsem Lal accused has put forth as under :-