- (1.) This application has been filed by the State of Punjab under Section 378(3) Cr.P.C. Seeking leave to file an appeal against judgment dated 23.5.2012. Vide that judgment, respondents were acquitted of the charges framed against them, whereas Satwinder Singh son of respondent Nos.1 and
(2.) respectively was convicted for commission of an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life with fine. As per facts on record, the respondents alongwith Satwinder Singh were made to face trial in FIR No.75 dated 30.3.2010 for commisison of offences under Sections 304B, 307, 498A, 120B IPC. In the alternative, they were also charged under Section 302 IPC. Kamaljit Kaur deceased was the wife of Satwinder Singh. Out of the wedlock, a male child (aged about 2 1/2 years) was born. Process of law was initiated on an intimation received from Civil Hospital, Mansa on 29.3.2010 regarding admission of Kamaljit Kaur in an injured condition. It was stated that her condition is serious and a request was made to record her dying declaration. SI Dhian Singh went to the hospital. Doctor declared the injured unfit to make a statement. The said police officer again visited the hospital and came to know that the injured has been referred to PGI at Chandigarh. On 30.3.2010 ASI Bhupinder Singh (PW3) went to PGI at Chandigarh. Doctor declared the injured fit to make a statement. Her statement was recorded. The trial Judge has recorded the following facts from her statement:- "the statement of Kamaljit Kaur in which she has stated that she was married to Satwinder Singh s/o Harbans Singh resident of Ward No.9, Mansa about three years ago. She has a son aged about two and half years. She remained ill for the last 15 days but her in-laws did not get her medical treatment. She further stated that her husband had illicit relations with her counsin Veerpal Kaur and for this reason he always used to pick up quarrell with her. Her mother-in-law Sukhwinder Kaur, father-in-law Harbans Singh and sister-in-law Manjit Kaur used to demand more dowry from her and used to say that her father has not done anything and for this reasons that used to harass her.
(3.) She further stated that they were doing all this on the instigation of her uncle Comrade Darshan Singh. Yesterday at about 7.00 a.m., her husband caught hold of her from her arms, her mother-in-law sprinkled kerosene oild on her body and set her on fire. She further stated that she became unconscious and lateron she came to know that her neighbours had got her admitted in the Civil Hospital, Mansa. Her in-laws had set her of fire with intention to kill her and prayed for action. After recording the statement of complainant, the same was read over and explained to her who after admitting the same as correct put her thumb impressions and thereafter ASI Bhupinder Singh after making his endorsement over the same, sent to the police station for registration of case.";