JOGINDER SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The appellant has challenged judgment dtd. 23/3/2005 passed by the learned Principal Sessions Judge, Jammu ('the trial Court' for short) whereby he has been convicted of offences under Ss. 307 and 498-A RPC. Challenge has also been thrown to order dtd. 24/3/2005 whereby the learned trial Court has sentenced him to undergo rigorous imprisonment for a period of five years for commission of offence under Sec. 307 RPC and to undergo rigorous imprisonment for a period of two years for commission of offence under Sec. 498-A RPC. The appellant has also been sentenced to pay a fine of Rs.50,000.00for commission of offence under Sec. 307 RPC and Rs.10,000.00 for commission of offence under Sec. 498-A RPC. In default of payment of the fine, the appellant has been directed to undergo further imprisonment of two years for offence under Sec. 307 RPC and six months for offence under Sec. 498-A RPC.

(2.) The facts emanating from the prosecution case are that on 13/3/1993, PW Beena Devi who happens to be the wife of the appellant, was admitted to a Hospital at Pallanwala after having sustained burn injuries. From Pallanwala Hospital, she was referred to the Military Hospital at Akhnoor. A police official from the Police Station, Akhnoor, PW Ranjit Singh, recorded the statement of the injured lady in the Military Hospital at Akhnoor, whereafter, her statement was sent to the jurisdictional Police Station, i.e., Police Station, Khour, and, on the basis of the said statement of the injured, FIR No. 13/1993 for offences under Ss. 307/498-A RPC was registered.

(3.) In her statement given by the injured PW Beena Devi to the police in the Military Hospital, Akhnoor, which was recorded after she was declared fit for making a statement by PW Dr. Arun Daniel, it was narrated by her that she had entered into wedlock with the appellant about one year back. Ever since her marriage with the appellant, she is being harassed by her husband, the appellant herein, and her mother-in-law, Pyari Devi, in connection with demands of dowry. According to PW Beena Devi, demands of a Scooter and other valuable items in the shape of dowry were being made from her and she was also being taunted. She further alleged that the appellant, who is working in the Military, has been telling her that she is ugly and that she has brought very meagre dowry with her and that he would solemnise another marriage. She went on to state that with a view to commit her murder on the aforesaid day in the morning when she was preparing tea in the kitchen, her husband poured kerosene oil upon her and set her on fire with a matchstick, as a result of which, she received extensive burn injuries, leading to her admission in the Military Hospital.