BHAGMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by the accusedappellants, namely Bhagminder Singh, Harnek Singh and Gurdial Kaur against the judgment of the learned Additional sessions Judge, Ludhiana dated 26.10.2002 whereby they had been convicted and sentenced under the provisions of Section 306 of the Indian Penal Code. Married on 16.11.1997, Ramandeep Kaur died on 6.2.1999, after having suffered burn injuries on 5.2.1999. The prosecution case is that Ramandeep Kaur, who was married to Bhagminder Singh on 16.11.1997 was residing at village Chak Kalan which was village of her husband's maternal parents. The mother of Bhagminder Singh is alleged to have left Zora Singh (Bhagminder's father) and was residing in England with some other person. Guridal Kaur, accused is the maternal grand mother of Bhagminder Singh and Harnek Singh is his maternal uncle who was, however, residing,separately, with his wife Rajinder Kaur in the same village but in adjoining house to that of Bhagminder Singh. There was even a passage which was intervening between the wall of the two houses.

(2.) After a few days of her marriage with Bhagminder Singh it was alleged that Harnek Singh and Rajinder Kaur had started taunting the deceased on account of her bringing insufficient dowry. On 22.5.1998, all the accused persons had turned the complainant out of her matrimonial home. A complaint was made before the Women Cell, Jagraon and Senior Superintendent of Police, Jagraon has also ordered the registration of the case against the accused but with the intervention of the residents of village Chak Kalan and relatives of the complainant, a compromise has been effected, pursuant to which Bhagminder Singh took the complainant to his house. However, the ill-treatment to the complainant continued and she was given beatings by Harnek Singh, his son Jassa at the instance of Guridal Kaur. On 5.2.1999, Barjiner Kaur,mother-in-law of the complainant, who was in England abused her on telephone. Thereafter, she talked to Guridal Kaur and Harnek Singh and Rajinder Kaur, accused. At about 11.00 a.m. Parvinder Kaur, sister of her mother-in-law came there and at about 1.00 p.m. Bhagminder Singh, Harnek Singh, Rajinder Kaur, Gurdial Kaur, Parvinder Kaur and Jassa were sitting in the court yard of their house.

(3.) Gurdial Kaur asked the complainant to prepare tea and when the complainant went to kitchen, she heard Rajinder Kaur saying that it was a good opportunity for finishing her. Gurdial Kaur, thereafter brought a cann in front of the door of the kitchen when other persons also came there and poured kerosene oil upon the shoulders of the complainant who raised alarm and tried to run out. However, Parvinder Kaur, sister of her motherin- law handed over a match box to Bhagminder Singh and instigated him to light it, who thereafter lit the matchstick and threw it upon the clothes of the complainant. Resultantly, she caught fire and shouted 'Bacheo Bacheo' but the accused did nothing to help her. Gurdip Singh, who was husband of the sister of the mother of the complainant and Gurdev Singh son of Balbir Singh, mother's sister's son of the father of the complainant suddenly came to the house which was apparently in pursuance to the telephone call given by the complainant about two days earlier, upon which all the aforesaid persons ran away from the spot taking away the can. Bhagminder Singh, however, in order to keep his image intact took the complainant to DMC& Hospital, Ludhiana along with Gurdip Singh and Gurdev Singh and after taking her to the hospital, he slipped away from the spot. The complainant had also stated that she was pregnant of about 1 months. On 5.2.1999, on receipt of telephonic meesage from the Guard Incharge, New DMC about the admission of Ramandeep Kaur, ASI Jasmer Singh reached the hospital. He moved an application Ex. PD/5 to the Medical Officer in order to seek his opinion about the condition of the injured on which the doctor had declared the injured as fit to make statement vide endorsement Ex.PD/1. The statement of the injured was recorded as Ex.PH. The statement of the injured recorded as Ex.PH on the basis of which formal FIR Ex.PH/2 was recorded by Baldev Singh, Sub Inspector/SHO Police Station Dakha who also conducted the investigation.