MAKHAN SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid two appeals, therefore, these are taken up together and disposed of by a common judgment.

(2.) These appeals have been instituted against the judgment and order dated 13.09.2012 rendered by the Additional Sessions Judge, Sri Muktsar Sahib, in Sessions Case No.12 of 03.03.2009 whereby the appellants were charged with and tried for offences punishable under Sections 302, 304-B of the Indian Penal Code (in short 'IPC'). They were convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years each for offence punishable under Section 302 IPC.

(3.) The case of the prosecution in a nutshell is that an intimation was received in the Police Station from Adesh Hospital, Sri Muktsar Sahib on 17.11.2008 that Monika wife of Aman Kumar, resident of Village Malout was admitted with burn injuries. ASI Darbar Singh along with other police officials reached there. He moved an application Ex.PW3/A before Sh.Ravi Bhagat, SDM, Malout, to depute a Magistrate for recording the statement of the injured. Sh.Harjinder Singh, Tehsildar, Malout was deputed to record the statement vide endorsement Ex.PW3/A1. He moved an application Ex.PW3/B to the doctor concerned for obtaining fitness consent. Dr.Ish Gupta vide her endorsement Ex.PW3/B1 on the said application declared injured Monika fit to make statement. Thereafter Dr.Ish Gupta and Babbu, brother of the injured, recorded the statement of injured Monika. According to the contents of statement, they were six brothers and sisters. Her father was a scrap dealer at Moga. Her marriage was solemnized on 08.10.2008 with Aman Kumar son of Ram Avtar, resident of village Malout. After marriage, she was having very good relations with her husband. However, her mother-in-law was not happy. She used to taunt her repeatedly for bringing less dowry. Few days ago, her mother-in-law had picked up quarrel. She intimated her parents. Her brothers and mother had come to their house at Malout at 05.00 P.M. Rest of them had gone back. Babbu remained in the house. Her husband went along with them till bus stand. At about 06.30 P.M., Makhan and Rambir came to their house at Malout. They with the help of her mother-in-law Raj Rani @ Usha Rani tied her brother. Then with an intention to kill her, her mother-in-law sprinkled kerosene on her and set her on fire. She raised the alarm along with her brother Babbu. Accused ran away from the spot. Her mother Meena, brother Ravi, Ajay and her husband Aman Kumar reached at the spot. The vehicle was arranged. She was shifted to Juneja Hospital, Malout. Thereafter she was referred to Adesh Hospital, Sri Muktsar Sahib. The statement was read over and explained to Monika. She after admitting the same to be correct appended her thumb impressions on the statement as she was unable to sign the statement due to burn injuries. FIR Ex.PW3/D was registered. ASI Darbar Singh visited the place of occurrence. Site plan Ex.PW3/F was prepared. Accused Rambir and Makhan Singh were arrested on 19.11.2008. Accused Raj Rani was arrested on 20.11.2008. Monika died on 21.11.2008. The post-mortem was got conducted. Investigation was completed. The challan was put up after completing all the codal formalities.