- (1.) This application has been filed under Section 378(3) Cr.P.C. seeking leave to file an appeal against the judgment dated 29.3.2011 acquitting Surjit Kaur, respondent, of the charge framed against her. The above named respondent along with Devinder Singh, her son, Teja Singh, her husband and one Baljit Kaur were arrayed as accused in FIR No. 118 dated 28.11.2006. It was an allegation against the accused that they have caused death of Amarjit Kaur, wife of Devinder Singh, by putting her on fire.
(2.) The trial Judge has noted the following facts regarding the case of prosecution:- "that on 28.11.2006 one wireless message was received in Police Station Dehlon from Police Station Division No.3, Ludhiana, to the effect that Amarjit Kaur wife of Devinder Singh resident of village Seelon Khurd was admitted in CMC Hospital, Ludhiana due to burn injuries. On this ASI Sukhbir Singh along with other police officials reached at CMC Hospital, Ludhiana after getting a ruqa from Police Station Division No.3 Ludhiana. An application for obtaining opinion of doctor was moved for recording statement of injured. Doctor concerned declared injured Amarjit Kaur fit to make statement. Then ASI Sukhbir Singh reached the Court of Ms. Rajni Chhokra Learned Judicial Magistrate Ist Class, Ludhiana and moved application along with written opinion for recording statement of injured Amarjit Kaur. Thereafter, Ms. Rajni Chhokra Judicial Magistrate Ist Class, reached the hospital and recorded statement of injured which was read over and explained to her. She admitted the same to be correct. Her statement was also recorded by investigating officer to the effect that she got married with accused Davinder Singh in the year 1995. She had three brothers. After their marriage she had given birth to one daughter and a son who were then nine and seven years respectively. In her matrimonial home apart from her parents-in-law. She had two sisters-in-law. One of his sister-in-law got married one day prior to her marriage while younger sister-in-law was still unmarried. Till 1999 her parental family had been cultivating the land of her in-laws family. After that they stopped cultivating the said land. She was asked by her in-laws family to bring Rs.2 Lacs from her parents for purchasing a tractor in order to cultivate the land. She then conveyed to her parental family about their demand who in turn advised her to tolerate all that as her children were to grow up soon. Her parental family had given to her one gas cylinder and one engine but still she was being harassed by her in laws. Sometime back all the accused gave her bearings. As a result of which she remained admitted in the hospital for treatment. All this was conveyed to her parents but she was sent back again to matrimonial home on the assurance given by her in laws not to repeat such thing. Thereafter her husband had been planning to go abroad and on account of that her in laws family had been harassing and pressurizing her to give him divorce so that he could go abroad on marriage basis. She was since not ready to give divorce to her husband and refused for that she was being harassed on that account continuously. On the last night all the accused namely Devinder Singh her husband, Baljit Kaur sister in law, Surjit Kaur mother-in-law and Teja Singh her father-in-law had given her beatings forcing her to agree to give divorce to her husband. That at about 4.30 A.M. all the accused in connivance with each other poured kerosene on her and set her on fire with an intention to kill her. She also told about the incident to her brother Gurbax Singh in the hospital."
(3.) After recording statement of the deceased, ASI Sukhbir Singh, sent an intimation to the Police Station to for recording to record an FIR. He also recorded statements of the witnesses, got prepared a site plan of the place of occurrence. On 29.1.2006, injured Amarjit Kaur expired. The Investigating Officer prepared the inquest proceedings and sent the dead body for postmortem examination. On completion of the investigation, final report was presented in the Court against Devinder Singh and Teja Singh only. The names of respondent-Surjit Kaur and Baljit Kaur were put in column No.2 of the above report. During trial, an application was moved by the prosecution under Section 319 Cr.P.C. Respondent-Surjit Kaur and Baljit Kaur were summoned as additional accused. Copies of the documents were supplied to all the accused, as per norms. They were charge sheeted to which they pleaded not guilty and claimed trial.;