- (1.) This appeal has been filed against the final judgment and order dated 15.05.2006 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 575-DB of 2001 whereby the Division Bench of the High Court dismissed the appeal preferred by the appellants herein and confirmed the judgment on conviction and sentence dated 27.09.2001 and 28.09.2001 respectively, passed by the Additional Sessions Judge, Sonepat, Haryana in Sessions Case No. 39 of 1998/2001 holding the appellants guilty for the offence punishable under Sections 498-A and 302 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced them to undergo rigorous imprisonment (RI) for one year for the offence punishable under Section 498-A and a fine of Rs.500/- each and RI for life for the offence punishable under Section 302 read with 34 IPC and a fine of Rs.2000/- each, in default, to undergo RI for one year and both the sentences to run concurrently.
(2.) Brief facts: (a) The case of the prosecution is that the deceased - Kailash was married to Rakesh, resident of Gohana, Sonepat about 8 years prior to the date of the incident. Out of the wedlock, four children were born to them. At the time of marriage, adequate dowry was given by the parents of the deceased. However, being unsatisfied with the dowry, Kailash has been subjected to harassment and cruelty in her matrimonial home by Rakesh (A-1) and Smt. Ram Piari, (A-2) mother-in-law. 15 days prior to the occurrence, the deceased attended the marriage of her sister along with her husband and in-laws. The accused started harassing her for not bringing adequate amount after seeing the marriage of her sister. (b) On 14.05.1998, at about 11 p.m., a quarrel took place in the house of Rakesh (A-1) where he put his leg on the neck of the deceased and beaten her mercilessly. Thereafter, Ram Piari (A-2) caught hold of the hands of the deceased while Rakesh (A-1) sprinkled kerosene upon her and set her ablaze. At that time, Lala, younger brother of Rakesh (A-1) was also present in the house. On the same night, Rakesh (A-1), Ram Piari (A-2) and Siri Ram - father-in-law took the deceased to the hospital and admitted her in the hospital on 15.05.1998 at 1.30 a.m. After getting a telephonic message, the parents of the deceased also reached the hospital. (c) On 16.05.1998, on receipt of telephonic information about the admission of Kailash in PGI MS, Rohtak, on account of burn injuries, the police contacted Kailash and an application was moved by the investigating officer to the Duty Magistrate at 5.50 p.m. Ms. Shalini Nagpal, Judicial Magistrate, on getting the permission of the doctor at 6.10 p.m. about the fitness of the victim to make a statement, recorded her statement. (d) On the same day, a copy of the statement was sent to the police station for registration of the case. An FIR was registered and the investigating officer took the case for investigation on 17.05.1998. (e) On 21.05.1998, Rakesh was arrested and got medically examined by the doctor who opined that his hands were found to be having superficial to deep burns. On his disclosure, a stove containing the kerosene was recovered. (f) On 29.05.1998 Ram Piari mother-in-law of the deceased was also arrested. Ultimately, on 04.06.1998, Kailash succumbed to her injuries in Safdarjung Hospital at New Delhi. (g) On completion of the investigation, charges for the offence punishable under Sections 498-A and 302 read with Section 34 IPC were framed against the accused. (h) The Additional Sessions Judge, Sonepat, after examination of all the witnesses, vide judgment 27.09.2001, convicted the accused persons guilty for the offences punishable under Sections 498-A and 302 read with Section 34 IPC. By judgment dated 28.09.2001, the trial Judge, sentenced the accused persons to RI for one year and a fine of Rs.500/- under Section 498-A and RI for life and a fine of Rs.2000/- under Section 302/34 IPC and in default of payment of fine, both the accused shall have to undergo RI for one year. Both the sentences shall run concurrently. (i) Being aggrieved, the accused persons (A-1 and A-2) filed an appeal before the High Court of Punjab and Haryana at Chandigarh. After hearing both the parties, by impugned judgment dated 15.05.2006, the High Court confirmed the judgment of the trial Court and dismissed the appeal preferred by the appellants herein. (j) Questioning the conviction and sentence, Rakesh (A-1) and Smt. Ram Piari (A-2) preferred this appeal by way of special leave before this Court and leave was granted on 11.09.2009.
(3.) Heard Mr. R.N. Kush, learned counsel appearing for the appellants-accused and Mr. Kamal Mohan Gupta, learned counsel appearing for the respondent-State. Contentions:;