POORAN SINGH AND OTHERS Vs. STATE

JUDGEMENT

(1.) The present three appellants have filed the appeal being aggireved by the order of the Additional Sessions Judge, Parbatsar in Sessions Case No. 8/2001 dated 16.3.2002 whereby, they have been convicted and sentenced to life imprisonment u/s. 302, Penal Code and fine of Rs. 200.00 and u/s. 449, IPC, ten years rigorous imprisonment and fine of Rs. 200.00.

(2.) The prosecution was initiated on the basis of the statement recorded by SHO Gachhipura at the primary health centre, Gachhipura on 22.5.2000 at 9.00 a.m. of Smt. Kiran Kawar who later on died due to the injuries sustained by her. In her statement, she stated that she was married to Prahlad Singh 22 years back. She was living with her children and husband separate from her in laws. Her father-in-law Vishal Singh wanted them to vacate the house where they were living.

(3.) On the fatal day i.e. 27.08.2000, in the night at about 10.00-10:30 p.m., brothers of 'husband namely, Puran Singh, Mahaveer Singh and Balveer Singh came alongwith Smt. Anop Kanwar. No sooner they came, they started quarrel-ing with her husband. Puran Singh indulged into scuffle with her husband. At that time, her mother-in-law Smt. Anop Kanwar had kerosene in a container which she poured on her and Mahaveer Singh lit the matchstick. It burnt her hands, chest, back, legs etc. Her husband put a mattress on her and extinguished the fire. After that Kishaa Ram Bawri brought the camel cart and she was taken to the hospital at Bhaddu but there was no doctor available at that place, therefore, she was transported to Gachhipura. At Gachhipura, her statement was recorded by SHO. There is a certificate on the statement given by the doctor of Primary Health Centre, Gachhipura showing that her statement was recorded in his presence as narrated by her.