HARJIT SINGH BEDI,J - (1.) THE facts of the case as given in the first information report recorded by Kanta Sharma (PW-2) are as under :-
(2.) KANTA Sharda deceased (sister of Kanta Sharma's husband, Brij Mohan Sharma) had been married to Sushil Kumar Sharda about thirty years before the incident. Kanta Sharda and her husband had a dispute with Arvind Sharda, Sushil Kumar Sharda's younger brother, regarding the partition of the family property. Information with regard to the dispute was frequently conveyed by Kanta Sharda to Kanta Sharma and her husband. At about 10.30 A.M. on March 18, 1997 Kanta Sharma (PW-2) went to visit Kanta Sharda and found Arvind Sharda accused standing at the gate. On seeing her, Arvind Sharda shouted out provocatively and told her that he and his wife, Minakshi had burnt Kanta Sharda after sprinkling kerosene oil on her so that the dispute could be brought to an end and that she could, if she wanted, see her in the civil hospital. Kanta Sharma then returned home and accompanied by her husband, Brij Mohan, went to the Civil Hospital, Jalandhar and found Kanta Sharda admitted in the hospital with serious burn injuries. On enquiry, Kanta Sharda told those present, including Kanta Sharma, that her brother-in-law, Arvind Sharda, and his wife, Minakshi, had set her on fire in the court-yard of their house after sprinkling kerosene oil on her and while Minakshi accused had caught hold of her from her long hair, Arvind Sharda had set her alight. A ruqa was also sent by Dr. J.S. Toor (PW-13) to the Station House Officer, Police Station, Division No. 3, Jalandhar with regard to the admission of the injured in the hospital, on which ASI Surjit Singh (PW-12) went to the hospital and recorded the statement of Kanta Sharma (PW-2) at 2.20 P.M. and on its basis the first information report was registered at the police station at 2.30 P.M.; with the special report being delivered to the Illaqa Magistrate at Jalandhar itself at 7.00 P.M. Kanta Sharda ultimately died on March 23, 1997 and information to that effect was sent to the police by Dr. Alok G. Lalwani (PW-1). On the completion of the investigation accused Arvind Sharda was charged substantively for the murder while Minakshi was charged for the same offence with the aid of Section 34 of the Indian Penal Code and as they pleaded not guilty, were brought to trial. In order to prove its case, the prosecution relied upon the evidence of PW-1 Dr. Alok G. Lalwani, who had treated Kanta Sharma in the hospital with serious burn injuries and ultimately declared her death on March 23, 1997; PW-8 Dr. Suresh Dadra, who had conducted the post-mortem examination on the dead body and had found that the death had been caused due to cardio respiratory arrest as a result of burn injuries; PW-13 Dr. J.S. Toor, who on March 18, 1997, had sent the ruqa to the police station giving information regarding the arrival of the injured in the hospital; PW-2 Kanta Sharma, the first information; PW-3 Brij Mohan, the brother of the deceased and husband of Kanta Sharma (PW-2); PW-4 Sushil Kumar Sharda, the husband of the deceased and who had seen the two accused running away after having set the deceased on fire; PW-11 Shri M.S. Randhawa, Judicial Magistrate Ist Class, Jalandhar, who had recorded the dying declaration of the deceased; and finally PW-12 ASI Surjit Singh, the Investigating Officer of the case.
(3.) 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. They also examined Gurpreet Deo, the then Superintendent of Police, City Jalandhar, as DW-1.;