Harjit Singh Bedi, J. - (1.) This appeal arises out of the following facts : Jaspal Kaur (deceased), aged 20 years, a resident of village Bangi Deepa falling in the jurisdiction of Police Station, Raman, had been married off by her father Rikhi Singh with accused Mithu Singh about seven months prior to the incident. Mithu Singh had already been married with accused Jasmel Kaur about 16/17 years before that date but as no child had been born from the marriage, Mithu Singh had contracted a second marriage with the deceased. The accused, however, used to pick up frequent quarrels with the deceased, on which she had returned to her parents home. Mithu Singh thereafter visited his in-laws and told his wife that she could return to his home only if she brought some jewellery and cash from her parents. On February 8, 1993, Jaspal Kaur accompanied by her cousin, Jit Singh, and her mother, Malkiat Kaur (P.W-1), returned to her matrimonial home in village Kararwala. The two accused again quarreled with her and demanded more money from her parents. At about 5.00/6.00 A.M. Jit Singh went out to answer the call of nature and while he was away, Mitu Singh sprinkled kerosene oil on Jaspal Kaur on the exhortation of Jasmel Kaur and then set her on fire. Jit Singh rushed inside and he alongwith Malkiat Kaur extinguished the flames. Jaspal Kaur was first removed to the Civil Hospital, Rampura (and a ruqa in this regard was sent by the doctor to Police Station, Rampura) and then to the Daya Nand Medical College and Hospital, Ludhiana for treatment. She was admitted to the said hospital in the after-noon of February 9, 1993 and Dr. Sarvpreet Singh Grewal (P.W-5) sent information with regard to her admission to Police Station, Sarabha Nagar at Ludhiana at 1.25 P.M. SI Darbara Singh (P.W-3) of Police Station, Rampura in the meanwhile reached Ludhiana and after getting the opinion of Dr. Ashutosh Talwar (P.W6) that the injured was fit to make a statement, recorded the same at 3.15 P.M. and on its basis the formal FIR for offences punishable under Sections 307/34 of the Indian Penal Code was registered at Police Station, Rampura at 7.30. P.M. on February 10, 1993. Jaspal Kaur died on February 19, 1993 and the offence was thereafter converted into one under Section 302 of the Indian Penal Code. The two accused were arrested on February 21, 1993 after they had been produced before SI Darbara Singh (P.W-3) by Mukhtiar Singh, Ex-Sarpanch of village Kararwala. On the basis of a disclosure statement made by Mithu Singh, a tin can containing kerosene oil was also recovered. On the completion of the investigation, the accused were charged for offences punishable under Section 302/34 of the Indian Penal Code or in the alternative under Sections 498-A and 304-B of the Code and as they pleaded not guilty, were brought to trial. In order to bring home the guilt to the accused, the prosecution examined P.W-1 Mukhtiar Kaur, the mother of the deceased; P.W-3 SI Darbara Singh, who had recorded the dying declaration (Exh.PB) and also investigated the case; P.W-4 Dr. Anil Goyal, who had conducted the post-mortem examination on the dead body and had found severe burn injuries thereon; P.W-5 Dr. Sarvpreet Singh, then posted as the Casualty Medical Officer in Daya Nand Medical College and Hospital, Ludhiana, who had medico-legally examined Jaspal Kaur on her admission to the hospital on February 9, 1993; P.W-6 Dr. Ashutosh Talwar, who had been working as a Registrar in Surgery Department, Daya Nand Medical College and Hospital, Ludhiana and who stated that he had declared the injured fit to make her statement at about 2.15 P.M. on February 10, 1993 and it was thereafter that SI Darbara Singh had recorded the dying declaration. Jit Singh was, however, given up as having been won over.
(2.) The prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure. They denied the allegations levelled against them. Mithu Singh stated that Jaspal Kaur has suffered the burns accidentally and it was he who had taken her first to the hospital at Rampura and thereafter to Ludhiana and had in fact incurred all the expenses on her treatment. Jasmel Kaur pleaded an alibi and stated that she had not been present in the house when the incident had happened. Mithu Singh accused also led defence evidence by producing Malkiat Singh (DW-1) and Rajinder Singh (DW-2) to prove the story with regard to the accidental burns. He also appeared as DW-3 in support of his case.
(3.) The trial Court held that the story, as depicted, clearly did not make out a case of suicide and as the dying declaration had been recorded by SI Darbara Singh (P.W-3) without undue delay, was a fact clearly in support of the prosecution story and the mere fact that no effort had been made by the said officer to get the dying declaration recorded by a Magistrate was, in that situation, of no significance. It was also observed that from the medical evidence it was clear that the deceased had been in a fit condition to make her statement. The Court, however, held that a case under Section 304-B or 498-A of the Indian Penal Code could not be made out against the accused as the aforesaid Sections pertained to ill-treatment or unnatural death of a wife alone and Jaspal Kaur could not attain that status as Jasmel Kaur, Mithu Singh's first wife was still living. The trial Court accordingly acquitted the two accused for offences under Sections 304B and 498A of the Indian Penal Code, but convicted and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5000/- each and in default thereof to undergo further rigorous imprisonment for one year under Section 302/34 of the Indian Penal Code.;