KIKAR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS criminal appeal is directed against judgment dated 09.07.2002, whereunder the appellant/accused came to be convicted under Section 302 Ranbir Penal Code (for short hereinafter 'RPC) and order dated 11.07.2002, whereby accused came to be sentenced to undergo imprisonment for life and a fine of Rs.5 lacs.

(2.) THE prosecution case was as under: - - Deceased, Surjeet Kour, was the wife of the accused. She was taken to hospital on 26.10.1998 in a critical condition having 100% burn injuries. Police official namely Bhagwan Singh presented a memo before the doctor that whether deceased, Surjeet Kour, was in a fit condition to make statement. Doctor opined that she was not fit to make a statement at 11 p.m. during intervening night 26/27.10.1998. Thereafter Incharge, Police Post, Sainik Colony, made another request for making her statement. Again doctor opined that she was not fit to make a statement at 11.40 p.m. On 27.10.1998, again a request for recording her statement was made by the police official and doctor opined that she was fit to make statement. Accordingly, her statement was recorded.

(3.) DECEASED , Surjeet Kour, stated that she had contracted marriage with Kikar Singh and out of said wedlock she had given birth to two children, son and daughter. That on 26.10.1998 at 8 p.m., her husband, Kikar Singh, came back to home while he was drunk and started quarreling/scuffling with her and also tried to break down the Television and asked her to leave the home. She told him that you are drunk and asked him to leave. Thereafter, he picked up a gallon of kerosene oil and poured on her and set her on fire with a match stick. She came out crying, but no one came to her rescue. Till neighbourhood/mohallawale assembled, she had received maximum 100% burn injuries and they brought her to hospital and was under treatment. Her husband always used to come in drunken state and, beat and abuse her. And had stated that justice be done to her children and be not handed over to him. This statement was recorded by the PW -12 Incharge, Police Post, Sainik Colony, and attested by PW -3 Dr. Anil Gupta in presence of PW -1 Mahinder Singh & PW -2 Avtar Singh. Thereafter, this statement was sent to Police Post, Bahu Fort, by the Incharge, Police Post, Sainik Colony, and, accordingly, FIR was lodged and set the police in motion. Investigation came to be conducted and during investigation, statements of two important witnesses, children of deceased and accused namely Bikram Singh and Ritu Devi, were recorded and after completing the investigation charge -sheet came to be presented against the accused for the commission of offence punishable under Section 302 RPC. Accused pleaded not guilty and claimed to be tried. The prosecution examined Bhajan Lal, Bikram Singh, Ritu Devi, Mahinder Singh, Avtar Singh, Nihal Singh, Baldev Singh, Dr. Anil Gupta, Dr. S. D. Thakur and Lazar Khandaray.