- (1.) The appellant who was arrayed as the first accused was alone convicted for the offences punishable under Sections 306 and 498-A of the Indian Penal Code. The appellant's mother Kulwant Kaur, who was arrayed as the second accused was acquitted by the trial Court.
(2.) The case of the prosecution in brief as could be ascertained from the evidence let in by the prosecution is as follows :- a) The appellant Harmohan Singh married the victim lady Satwant Kaur on 21.05.1988. They were blessed with two children. The accused/appellant used to be very idle in the house. He was addicted to excessive drinking. He used to beat his wife and harass her. For about four days prior to the occurrence which unfolded on 21.05.1995, the appellant had been sitting at his house without doing any job. The appellant also suspected the fidelity of his wife. When Satwant Kaur expressed her intention to die under such circumstances, the appellant asked her to die. When Satwant Kaur sprinkled kerosene oil on her to create a fear in the mind of the appellant, the appellant instigated her and asked her to go ahead by setting fire on her. On such instigation, Satwant Kaur struck a match stick and set her on fire. The second accused alongwith others took Satwant Kaur to the hospital for treatment. b) Dr. S.P. Chugh (PW10) medico legally examined Satwant Kaur on 21.05.1995 at 03:00 PM. There were superficial to deep burns found all over her body. There was also peeling of skin at some places and erythema at other places. The medico legal report given by PW10 was marked as Ex.PG/1. c) The learned Judicial Magistrate Mr. S.K. Aggarwal (PW8) recorded the dying declaration of Satwant Kaur after verifying her conscious and fit state of mind to give statement from the duty doctor (PW10). d) Satwant Kaur stated before the learned Judicial Magistrate (PW8) that her husband had been harassing her after taking liquor. He had been indulging in loose talk,despite the fact that they were blessed with two issues. The appellant used to ask her as to why she did not die, inspite of her threat that she would die. The appellant also levelled false allegation that Satwant Kaur was having paramour. Satwant Kaur asked the appellant whether she should die, the appellant replied that she must die and he would bring up the children. To put the appellant in fear, she sprinkled kerosene oil on her. The appellant asked her that why she had not set fire to her, even though she had sprinkled kerosene oil on her. Thereafter, she brought a match box from the kitchen, struck the stick and set herself on fire. e) Based on the dying declaration (Ex.PE/2), a formal First Information report was registered by the Sub Inspector of Police Jaipal Singh (PW9). Dr. R.K. Pruthi (PW1) medico legally examined the appellant herein on 24.05.1995. He found superficial to deep burns on the left hand, left forearm, left arm, left shoulder and parts of finger of right hand. The skin was peeled off at the most of the places and it was red at some places. He has opined that these burn injuries could have been caused when the appellant was making an attempt to extinguish the fire. f) Dr. Anil Kumar (PW2) conducted post mortem examination on the dead body of Satwant Kaur on 24.05.1995 at 10:40 AM. He found dermo epidermal burns all over her body. The skin was found peeled off at most of the places. Smell of of kerosene emitted from the scalp hair. The total area of burns was found to be 100%. He opined in the post mortem report Ex.PB that Satwant Kaur had died of foxaemia and shock consequent upon burn injuries which were ante mortem in nature. PW13 arrested the accused and remanded them to judicial custody. He having completed the investigation filed final report as against the accused under Sections 498-A and 306 of the Indian Penal Code. g) As many as 13 witnesses were examined on the side of the prosecution. PW6 and PW7 turned hostile to the version of the prosecution. h) The appellant herein during the course of examination under Section 313 Cr.P.C. stated that Satwant Kaur who was highly qualified and was working as a teacher could not adjust with him who has passed only intermediate. He also set up a plea of alibi. He tried to extinguish the fire after reaching house from the market, hearing the cries emanated from his house.
(3.) The learned trial Judge having relied upon the dying declaration given by the deceased Satwant Kaur in the background of the medical evidence and the corroboration lent by her brother PW12 returned a finding that the appellant committed the offences punishable under Sections 498-A and 306 of the Indian Penal Code.;