- (1.) This appeal by Special Leave by appellants, Sandeep and his mother Krishna, challenges the judgment and order dated 18.09.2012 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. D-203- DB/2008 affirming their conviction under Sections 304-B, 498A read with Section 34 IPC.
(2.) The crime in the instant case was registered on the basis of statement made by Sharmila, wife of appellant Sandeep, to Suresh Chand, ASI at 6:15 p.m. on 2.11.2006. Her statement Ext. P-13 was to the following effect:- "Stated that I am resident of aforesaid address. I was married to Sandeep S/o Rajbir @Raja Jat by caste r/o Ghikara on 21.05.2005. After some days of the marriage I was kept properly and there after they started harassing me and saying that less dowry is brought. My husband, my mother-in-law, Krishna father-in-law Rajbir and Nanad Urmila started taunting and my husband and mother-in-law used to beat me. I told about it to my mother Parasi Devi and brothers. Surender S/o Brij Mohan and Anand Kumar S/o Brij Mohan. At this my brothers brought Panchayat from Village Chelawas twice, upon which on the asking of the village my husband Sandeep brought me from my parental house on 23.10.2006. Yesterday dt. 01.11.2006 during night at about 9:00p.m. my husband, mother-in-law Krishna father-in-law Rajbir all gave me slap and fist blows which I tolerated. Today morning at about 8:30 a.m. my mother-in-law Krishna sprinkled kerosene oil upon me and my husband Sandeep set me with fire with a match box. My husband, mother-in-law, father-in-law ran away from the spot when I raised noise, our neighbours Lily s/o Harnath, Risalo W/o Lilu came there and got me admitted to Dadri Hospital from where I have been referred to Rohtak. Now I have got recorded my statement to you. My husband Sandeep, mother-in-law Krishna, and father- in-law Rajbir after sprinkling oil have set me on fire with an intention to finish me. Now I have got recorded my statement, heard it and the same is correct."
(3.) Soon after the incident while Sharmila was being removed to the hospital by Lilu and Risalo appellant Sandeep joined them. She was taken to General Hospital Charkhi Dadri where PW 7 Dr. Anita Gulia medically examined her and found percentage of burns to be 85%. According to PW 7, Sharmila had not told her who had set Sharmila afire. Sharmila was thereafter referred to and admitted at PGIMS Rohtak, where the aforesaid statement was recorded, pursuant to which FIR Ext. P-14 was lodged and the crime was registered under Sections 307, 498-A and 34 IPC.;