MAHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 24.10.2017 and order dated 30.10.2017, rendered by learned Additional Sessions Judge, Ambala, in Sessions Case No. 150 of 2014 dated 07.08.2014/11.08.2014. Appellants Mahinder Singh, Balwinder Singh, Satwinder Kaur and Narinder Kaur along with co-accused Kuldeep Singh were charged with and tried for the offences punishable under Sections 302/34/201/120-B/406 of the Indian Penal Code (for short 'IPC'). The appellants were convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 60,000/- each for commission of offence punishable under Section 302 IPC read with Section 120-B IPC. In default of payment, they were sentenced to undergo simple imprisonment for a period of one year each. They were also convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5,000/- each for commission of offence punishable under Section 201 IPC read with Section 120-B IPC. In default of payment, they were sentenced to undergo simple imprisonment for a period of six months each. Both the sentences were ordered to run concurrently. The appellants were acquitted of the charge under Section 406 IPC. Co-accused Kuldeep Singh was acquitted of all the charges.

(2.) The case of the prosecution, in a nutshell, is that on 01.04.2014, a telephonic information was received in Police Post Nenola from Police Station Baldev Nagar, regarding admission of Paramjeet Kaur in Leelawati Hospital, Ambala City, as a burn case. ASI Om Parkash along with EASI Nafe Singh reached Leelawati Hospital. The doctor referred her for treatment to the higher center. Thereafter, information was received that Paramjeet Kaur was admitted in GMCH, Sector 32, Chandigarh. ASI Om Parkash along with EASI Nafe Singh reached in Emergency Ward, GMCH, Sector 32, Chandigarh. The opinion of the doctor regarding fitness of the patient was obtained. The doctor declared her fit to make statement. Thereafter, statement of Paramjeet Kaur was got recorded by Ms. Siffa, learned Duty Magistrate, Chandigarh. According to her statement, her father-in-law and uncle-in-law had burnt her whereas her mother-in-law and aunt-in-law had caught hold of her. She cried for help. She was saved by the neighbourers. The FIR was registered. ASI Om Parkash also recorded the statement of Paramjeet Kaur. According to her, her marriage was solemnised with Kuldeep Singh on 04.12.2005 at village Udeypur. There was no issue out of this wed-lock. Her parents-in-law, namely Satwinder Kaur and Mahinder Singh, were harassing her. Her husband also used to instigate her parents-in-law on telephone. The brother of her father-in-law, namely Balwinder Singh, and his wife Narinder Kaur were also supporting her parents-in-law. They used to quarrel with her. On 01.04.2014 at about 8.00 AM, when she was talking on telephone, her parents-in-law misbehaved with her. Thereafter, her mother-in-law Satwinder Kaur and aunt-in-law Narinder Kaur caught hold of her. In the meantime, her fatherin-law Mahinder Singh and uncle-in-law Balwinder Singh poured kerosene oil upon her and set her on fire. She raised hue and cry. The neighbourers came on the spot. She was brought to GMCH, Sector 32, Chandigarh. She died on 07.04.2014 during her treatment in Command Hospital, Chandi Mandir, Panchkula, due to burn injuries. Thereafter, Section 302 IPC was also added. The post-mortem examination was got conducted. Accused were arrested. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined as many as thirty witnesses in support of its case. The appellants were also examined under Section 313 Cr.P.C. They denied the case of the prosecution and pleaded false implication.