- (1.) The first appellant before us is the father of the second appellant and the third appellant is the wife of the first appellant. These appellants and three others who are sisters of second appellant herein were charged for offences punishable under Sections 306 and 498-A read with Section 34, IPC before the Additional Sessions Judge, Ambala who after trial acquitted accused Nos. 4 to 6 while convicted the appellants herein for offences punishable under Sections 306 and 498-A of the IPC read with Section 34, IPC. The first appellant Sakatar Singh was sentenced for offence punishable under Section 306 for four years' RI and a fine of Rs. 500/- and in default in payment of fine to undergo further RI for three months, while he was sentenced for an offence punishable under Section 498-A for two years' RI and a fine of Rs. 200/- and in default in payment of fine to undergo further RI for one month. The second appellant Kirpal Singh was sentenced for seven years' RI for offence punishable under Section 306, IPC and a fine of Rs. 500/- and in default of payment of fine to undergo further RI for three months, he was also sentenced to two years' RI under Section 498-A, IPC and a fine of Rs. 200/- and in default in payment of fine to undergo further RI for one month. The third appellant Smt. Joginder Kaur was sentenced to undergo three years' RI for offence under Section 306 and a fine of Rs. 200/- and in default in payment of fine to undergo further RI for one month. While for offence under Section 498-A IPC, she was sentenced to undergo RI for two years and a fine of Rs. 100/- and in default in payment of fine to undergo RI for one month.
(2.) The appellants herein preferred an appeal before the High Court of Punjab and Haryana at Chandigarh against the judgment and conviction of the learned Addl. Sessions Judge, Ambala being Criminal Appeal No. 322-SB/87 and the said appeal having been dismissed confirming the conviction and sentence awarded on the appellants by the Sessions Court the appellants are now before us in this appeal.
(3.) The prosecution case briefly stated is as follows:- Deceased Devinder Kaur was married to second appellant Kirpal Singh in the year 1982 and they had two issues from the said marriage, a girl by name Gurdip Kaur who was two years old and a boy named Bablu aged nine months on the date of incident. The accused persons with their unmarried daughters and said Devinder Kaur with her children were living at Layalpur Basti in Ambala City. The prosecution alleges within two months of the marriage of the second appellant to said Devinder Kaur the appellants and their daughters started making unlawful demand for TV, scooter and fridge which was not fulfilled by the parents of said Devinder Kaur. It is also stated that after the birth of the second child none from the family of her in-laws i.e. family of the accused had come to see her at her maternal home situated at Landran because they were not happy with the family of Devinder Kaur for not satisfying their demands. The prosecution further alleges about nine months prior to the date of incident which happened to be on 21-5-1986 father of said Devinder Kaur died and on his death the appellants were forcing said Devinder Kaur to make a demand for share in the family property and this having not acceded to by said Devinder Kaur she was subjected to harassment and cruelty. It is the further case of the prosecution that mother of said Devinder Kaur (PW-7) had visited the house of the appellants on 18-5-1986 when she found said Devinder Kaur in tears and during her said visit she did not speak to PW-7 since her mother-in-law would not allow her to do so. The further case of the prosecution is that on 21-5-1986 between 9 and 10 a.m. in the house of the appellants said Devinder Kaur committed suicide along with her two minor children by pouring kerosene and burning herself and the children. The prosecution alleges that A-1 took the burnt bodies of the deceased to the hospital and information in regard to this incident was conveyed to the family of Devinder Kaur through PW-12 (Ajmer Singh). On hearing the said news, PW-7 and other members of the family rushed to Ambala and on coming to know that her daughter and grand children were murdered by the appellants, the mother of the deceased (PW-7) lodged a complaint at about 4.00 p.m. on 21-5-1986. The bodies in question were then taken to Landran the village of PW-7 and cremated there. It is also alleged that no member of the appellants family attended the last rites of the deceased. ;