JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above detailed two matters have come about on account of judgment and order dated 10.11.2003 passed by the Court of learned Additional Sessions Judge (Adhoc), Hoshiarpur in a case got registered by way of FIR No.76 dated 20.08.2002 under Section 304-B IPC pertaining to Police Station Hariana, District Hoshiarpur (Punjab) by Mansa Ram father of deceased Nirmal Kaur. Through the impugned findings, the learned trial Court while trying accused Gian Kaur, her husband Chanan Singh and son Jasbir Singh (husband of the deceased), acquitted the parents but convicted the husband Jasbir Singh for commission of offence under Section 304-B IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for one month. It is against these findings, convict husband Jasbir Singh has come up in appeal whereas the complainant father of the deceased had sought setting aside of the order of acquittal of two accused by way of revision. In the light of the matters having emancipated from the same very findings, are being taken up and decided together.

(2.) On 20.08.2002 PW4 Mansa Ram complainant met PW6 SI Balbir Singh and made a statement Ex.PE. In the complaint, the complainant alleged that his daughter (now deceased) Nirmal Kaur wife of Jasbir Singh was married to the latter about three years prior to the present occurrence which took place on 20.08.2002, wherein the complainant had given sufficient dowry as per his financial capacity. However, after one year of the marriage, it is alleged that the accused husband and in-laws started harassing and taunting the deceased for bringing insufficient dowry and about one-and-a-half years prior to this occurrence Nirmal Kaur was left by her husband at the house of her parents demanding Rs.20,000/- to enable him to open a shop. The deceased remained with her parents for almost one month and thereafter she was rehabilitated. It was on 20.08.2002, the complainant received a telephonic message that Nirmal Kaur was seriously ill and was taken to hospital of Dr.Hans Raj at Bullowal and when he rushed to that hospital he discovered that Nirmal Kaur has sustained extensive burns and has been referred to the hospital at Hoshiarpur, where she died the same very day. After making his endorsement Ex.PE/1, ruqa was sent leading to registration of the FIR Ex.PE/2. Thereafter, the investigating officer prepared the inquest report Ex.PC after examining the dead-body and upon moving application Ex.PB for post-mortem examination and endorsement by SMO Ex.PB/1, the same was got conducted through PW1 Dr. Rimpi on the dead-body by way of Ex.PA with pictorial diagram Ex.PA/1. The investigating officer prepared rough sight plan Ex.PG and took into police possession a Can of kerosene Ex.P1, two match boxes Ex.P2 and Ex.P3, bed-sheet Ex.P4, hand-fan Ex.P5 and partially burnt lady suit Ex.P6 by way of memo Ex.PH. During the course of investigations, the investigating officer took into police possession marriage invitation card Ex.P7 through memo Ex.PJ. Draftsman Arjan Khanna PW2 prepared the scaled sight plan of the place of occurrence Ex.PD. The investigating officer SI Balbir Singh PW6 also took into police possession memo Ex.PF on the basis of which SI Ravinder Singh has taken into police possession dowry articles of the deceased.

(3.) Upon completion of investigation and presentation of challan, charges were framed against the accused to which they denied and the prosecution examined the above detailed witnesses and on closure of the same, accused were called upon to enter their defence, who denied their allegations taking pleas of total innocence. The accused husband has taken plea that while he was tilling his land and the deceased was cooking food, her clothes caught fire and she was rushed to the hospital and denied the allegations of the prosecution. The accused in their defence did not examine any witness. Consequent thereupon, present findings were returned.