KARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 04.04.97, rendered by the Court of Sessions Judge, Hoshiarpur, vide which, it convicted the accused, for the offence, punishable under Section 304-B of the Indian Penal Code, and sentenced them, to undergo rigorous imprisonment, for a period of ten years each.

(2.) THE gist of the prosecution case is that, Devi Rani @ Karmi daughter of Beera Ram, complainant, was married to Karma, accused, about 2 years, before her death at village Pul Pukhta. Out of that wedlock, a child was born to her, who was aged about three months, at the relevant time. At the relevant time, wife of Beera, namely Swaran Kaur, and the wife of his elder brother namely Amar Kaur, had gone to Karmi, with the customary gifts, but Karma, was not happy with the same and had raised a demand of scooter. This fact was told by Swaran Kaur to Beera Ram, whereupon, he went alongwith his brother, and collected the persons from the brotherhood of the accused, in the village, and the matter was settled. Thereafter, Karma, accused, his brother Channa Ram, and Devi Rani @ Karmi's father-in-law Fauja Ram, started taunting her, on account of bringing insufficient dowry. They demanded money to send Karma, abroad. The deceased narrated her tale of woes to her father, but being a poor man, he could not fulfil the demands of the accused. Thus, he sent his daughter to her in-laws house. On 14.09.95, at about 9.00 AM, Beera Ram, went to the house of the deceased, alongwith Harbans Singh @ Bansa, mediator, and when, they were having tea, in the courtyard, Karma, Fauja, and Channa, accused, showed their anger to them (Beera Ram and Harbans Singh). Fauja, exhorted that the dispute should be finished once for all. Consequently, Channa, accused, caught hold Devi Rani @ Karmi, of her hair, and Karma, poured kerosene oil, from a container, on her person, and lighted the matchstick. Thereafter, both of them ran away, out of fear. The complainant collected his brotherhood, in village Sathiala, and after deliberations, reached Tanda, where they came to know that Devi Rani, had died of burn injuries. On the statement of Beera Ram, complainant, the case was registered. After the completion of investigation, Karma, accused was challaned.

(3.) AFTER recording the statement of Beera Ram, complainant, Channa Ram, and Fauja Ram, accused, were also summoned, in pursuance of the application under Section 319 of the Code of Criminal Procedure. Charge under Sections 302 read with Section 34, and 304-B of the Indian Penal Code, was framed against all the accused, which was read-over and explained to them, to which they pleaded not guilty, and claimed judicial trial.