K.S.BHALLA, J. - (1.) ACCUSED appellant Ram Chander, according to the prosecution, was running a foundry in Baba Jain Colony in a premises which was rented out by him. He had also rented out a house in Bhagat Singh Colony at a distance of about 112 k. m. from that foundry. He had two wives, namely Jasbir Kaur deceased and co accused Harbans Kaur. Harbans Kaur used to reside in the house in Bhagat Singh Colony while Ram Chander and Jasbir Kaur were keeping their residence in the premises of the foundry. Inderjit Singh (PW5) is also running a foundry in the same Baba Jain Colony and he too resides in his foundry premises at a distance of 125-150 yard, from the foundry of accused Ram Chander.
(2.) ON the fateful day i.e. 7-6-1987 at about 10 P.M. there was a brief quarrel between Ram Chander and his wife Harbans Kaur on one part and Jasbir Kaur on the other in former's foundry premises during which Ram Chander called her vagabond and asked her to leave the house. She did not agree to the same and insisted to continue her stay there at which Ram Chander and his second wife Harbans Kaur sprinkled kerosene upon Jasbir Kaur and Ram Chander set her person on fire. Jasbir Kaur ran outside crying with her clothes ablaze. The commotion so created attracted Inderjit Singh (PW5). He tried to extinguish the fire and in so doing, in order to provide her relief, removed her burnt clothes. Jasbir Kaur was covered with a sheet and thereafter PW Inderjit Singh talked to P.S. Focal Point on telephone from a nearby factory. He was told by the police to shift the lady immediately to the hospital at which Jasbir Kaur in burnt condition was removed to Civil Hospital, Ludhiana. On the way to the hospital, on the asking of PW Inderjit Singh Jasbir Kaur disclosed that accused Ram Chander and Harbans Kaur had set her to fire after pouring kerosene on her. Jasbir Kaur in burnt condition was admitted in Civil Hospital, Ludhiana, on 7-6-1987 at 10.45 P.M. by PW Inderjit Singh and it was noticed by Dr. Sumir Dogra, (PW2) that there was superficial to deep burns all over the body. Intimation to the S.H.O. Police Station Focal Point, Ludhiana was sent by the said Doctor vide docket, Exh. PD but before the docket could be despatched, police arrived in the hospital and the same was handed over to ASI Gurbachan Singh (PW6). The ASI enquired from Dr. Sumir Dogra (PW2) vide Exh. PE if Jasbir Kaur was fit to make statement and the Doctor vide his endorsement, Exh. PE/1 declared her fit to make statement at 10.35 P.M. Thereafter, statement Exh. PF of Jasbir Kaur was recorded in the presence of Dr. Sumir Dogra and the latter attested the same. It was then despatched to Police Station, Focal Point for registration of the case and on the basis of the same, a case against the accused under Section 307/34 of the Indian Penal Code was registered vide formal FIR, Exh. PF/3. The ASI then proceeded to the place of occurrence.
(3.) ON arrival in Baba Jain Colony, ASI Gurbachan Singh (PW6) inspected the spot and prepared rough site plan. From inside the foundry premises of accused Ram Chander, empty tin, Exh. P/1 which was smelling kerosene and a matchbox, Exh. P/2 were recovered from outside the residential room and they were taken into possession vide recovery memo., Exh. P.K. He searched for the accused but they were not available.;