GURTEJ SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by appellants Gurtej Singh, Jeet Singh and Surjit Kaur, against the judgment and order dated 29.4.2013, passed by learned Additional Sessions Judge, SAS Nagar (Mohali) in Sessions Case No. 49 dated 3.9.2010. They were charged with and tried for the offence punishable under Section 302 read with Section 34 IPC. They were convicted and sentenced under Section 302 IPC to undergo life imprisonment and to pay fine of ' 7,000/- each and in default of payment of fine, to undergo further simple imprisonment for a period of six months.

(2.) The case of the prosecution in a nutshell is that on 2.5.2010, complainant Gurdial Singh (PW3) made a statement before ASI Jagroop Singh (PW8) to the effect that his daughters Kuldeep Kaur and Kamaljit Kaur were married to Gurdhian Singh and Gurtej Singh (appellant no.1) both sons of Jeet Singh (appellant no.2). They were residing together. His daughter Kamaljit Kaur was issueless. Due to this, her husband Gurtej Singh, mother-in-law Surjit Kaur and father-in-law Jeet Singh used to taunt her. On the intervening night of 26/27.4.2010, she was given beatings by her husband and parents-in-law. Accused Surjit Kaur caught hold of her from her arms and accused Jeet Singh slapped her, whereas her husband Gurtej Singh set her clothes on fire, due to which, she suffered severe burn injuries. She was admitted in hospital and during her treatment she was being threatened by her-in-laws that she will be killed if she reported the matter to the police against them. However, when the complainant met her alone, she narrated the entire story to him. On 3.5.2010, statement of Kamaljit Kaur was recorded by the Duty Magistrate at Government Medical College and Hospital, Sector-32, Chandigarh. She died on 4.5.2010. Thereafter, FIR was registered. The post-mortem examination was conducted. The investigation was completed and challan was put up after completion of all the cordal formalities.

(3.) The prosecution examined 8 witnesses in support of its case. The statements of the accused were also recorded under Section 313 Cr.P.C. According to them, the deceased had accidentally caught fire from gas stove. They also examined witnesses in defence. They were convicted and sentenced, as noticed hereinabove. Hence, the present appeal.