K.P.S.SANDHU, J. - (1.) THREE appellants Shiv Lal, his father Tulla Ram and his mother Shrimati Dhan Kaur were convicted under section 306 of the Indian Penal Code by the Additional judge, Narnual, vide his order dated 14th January, 1982, and while Shiv Lal was sentenced to ten year's rigorous imprisonment and a fine of Rs. 1000/- or in default, two years rigorous imprisonment the other two appellants were each sentenced to five years rigorous imprisonment and a fine of Rs. 500/- or in default, one year's rigorous imprisonment. Deep Chand brother of Shiv Lal another co-accused of the appellants, was acquitted by the Additional Sessions Judge, as the prosecution case against him was found to be doubtful.
(2.) OM Kala, the deceased in the case who burnt herself to death was the legally wedded wife of Shiv Lal Appellant. It is alleged by the prosecution that the appellant did not treat her well. Many time she complained to her parents about this but they somehow advised and persuaded her to stay on with the appellants. The eldest sister of Om Kala was also married in the same village. On 2nd April, 1981, Om Kala (Since deceased) complained to her eldest sister Phullan Devi about the ill-treatment meted out to her by the appellants. Chhotu Ram PW father of Om Kala (since deceased), was called by the in-laws of Phulan Devi aforesaid. When Chhotu Ram PW visited his daughter Om Kala, she almost broke down and told her father about the beating given to her by the appellants. She requested her father to take her along but Chhotu Ram insisted that he would convene a panchayat of the village. It is alleged that even Chhotu Ram was manhandled by the appellants. While Chhotu Ram PW had gone to the sarpanch of the village he learnt that Om Kala had burnt herself. Duli Chand PW another son-in-law of Chhotu Ram, informed him about the same and took him to his own well. The police came to the village on the same night since Shiv Lal appellant had himself lodged a report with the police at 10 p.m. Assistant Sub-Inspector jagdish Chander PW. 11 prepared inquest report Exhibit PA. The deadbody of Om Kala was taken to Mohindergarh hospital where autopsy was performed on it by Dr. R.S. Chauhan PW. 1 on 4th April, 1981. According to the doctor, the death was due to extensive burns of different parts of the body. The police did not take any action and the body of the deceased was cremated. However, Chhotu Ram PW not satisfied with the conduct of the local police, filed an application to the Superintendent of Police and sent its copies to different dignitaries. Ultimately, a case was registered at Police Station, Kanina, on 16th June, 1981 on the basis of formal First Information Report Exhibit PD/1. The three appellants were arrested by Kanhiya Lal Station House Officer PW 13 on 5th July, 1981 : They were challaned, tried and convicted as aforesaid.
(3.) WHEN examined under section 313 of the Code of Criminal procedure to enable them to explain the circumstances appearing against them in the prosecution evidence, the appellants put up the plea of denial and stated that since Om Kala deceased had kept her ornaments with her parents and the ornaments included those given by the appellants in the marriage there was some quarrel about the same between the father of the deceased and the appellants and that it was for this reason that they had been falsely implicated. DW. 1 Ram Singh appeared in the defence of the appellants stating that the ornaments were lying with the parents of Om Kala deceased.;