J.S.SEKHON,J - (1.) MST . Koshalya and her son Harbans Lal, appellants along with her husband Kashmiri Lal, daughters Mst. Parveen Rani and Kiran Rani and her son-in-law Sat Pal were tried on a charge for offence under Section 304-B read with Section 149, Indian Penal Code, by the learned Additional Sessions Judge, Hoshiarpur. Mst. Koshalya and Harbans Lal were found guilty on the charge for offence punishable under Section 304-B of the Indian Penal Code and each one of them was awarded sentence of rigorous imprisonment for life and fine of Rs. 500/- or in default of payment thereof to further suffer three months' rigorous imprisonment while their co-accused Kashmiri Lal, Parveen Rani, Kiran Rani and Sat Pal were acquitted.
(2.) FEELING aggrieved against their conviction and sentence, Mst. Koshalya and Harbans Lal had preferred Criminal Appeals No. 448-DB and 460-DB of 1991 respectively. Both these appeals shall be disposed of by this order as these arise out of the same judgment of the trial court and rest upon the same evidence. In brief the facts of the prosecution case are that Mst. Kamlesh Rani alias Babli deceased was the daughter of Jagiri Lal (PW 12) of Jalandhar Cantt. She was married with Harbans Lal accused resident of Balachaur on 6.5.1989. She along with her husband, parents-in-law and sisters-in-law used to reside jointly in a house at Balachaur. Ashwani Kumar (PW-7) and Raj Kumar (PW-14) are the bothers of the deceased. The father and brothers of the deceased used to visit her in-laws' house off and on for seeing her. About three or four months prior to her death, a telegram was received from Harbans Lal alias Pappu accused by the parents of the deceased asking them to reach Balachaur immediately.On receiving this telegram, the brothers and father of the deceased rushed to Balachaur, but found Kamlesh Rani hale and hearty. Harbans Lal alias Pappu and her mother Koshalya accused demanded a sum of Rs. 50,000/- from these persons who undertook to make necessary arrangement for the same but Babli was not sent along with them. About two-three weeks later, another telegram was received from aforesaid Harbans Lal alias Pappu calling upon the brothers and parents of the deceased to reach Balachaur soon, but the latter expressed their inability on account of the serious illness of the mother of the deceased. About a month thereafter Ashwani Kumar, P.W. went to Balachaur to fetch his sister Babli to Jalandhar. On this occasion, Harbans Lal and Mst. Koshalya asked for money but he satisfied them by saying that the money is being arranged. Bholi alias Parveen Rani sister of Harbans Lal abused the deceased in the presence of Ashwani Kumar saying that she was not conversant with the domestic work. The mother-in-law of the deceased also abused her. Ashwani Kumar then returned to his house and apprised his parents' of this episode. Thereafter, they sent telegram to Sh. Tarsem Lal brother of Koshalya accused residing at Calcutta as he had brought about the marriage of the deceased with Harbans Lal accused conveying that the deceased was being maltreated. Tarsem Lal, however, did not respond to this telegram. The uncle of the deceased died thereafter and due information was given to Harbans Lal accused about his death but he did not allow Babli to go to her parents house for offering condolences. About one month prior to her death, Harbans Lal alias Pappu came to Jalandhar Cantt and took a sum of Rs. 50,000/- from Raj Kumar (PW. 14) brother of the deceased for opening a shop at Balachaur. Harbans Lal accused again came to Jalandhar on 3.8.1990 and appraised his in-laws that he had taken a shop on rent. He further demanded another amount of Rs. 50,000/- for purchasing the articles to be exhibited for sale in the said shop but the brothers and father of the deceased expressed their inability to give this amount. Harbans Lal then felt offended and went to his house. On 4.8.1990, Tarsem Lal, mediator, approached the parents of the deceased at Jalandhar Cantt. and conveyed the message of his sister Koshalya accused that none of them should visit her house on Raakhi ceremony (Raksha Bandhan) and Babli will also not to visit their house on Raakhi ceremony on 6.8.1990 if they failed to pay Rs. 50,000/-. In the meanwhile Satish Kumar (PW 15) cousin brother of the deceased visited her in- laws' house on 5.8.1990 and found her weeping. He asked her to tie the Raakhi but she refused to do so saying that she had been restrained by her in-laws to do so as her parents had not fulfilled their demand of money. She further informed him having been threatened by her in-laws to send her to her parents' house if she tied Raakhi to any of her brothers.
(3.) ON 9.8.1990 in the early hours of the morning, Mst. Babli suffered burn injuries. She was removed to Primary Health Centre, Balachaur by Kashmiri Lal where Dr. Shangara Ram Kainth (PW 6) examined her at 6 a.m. and sent intimation Exhibit PG to the local police in this regard. Accordingly, on receipt of information, A.S.I. Mohinder Singh (PW 19) rushed to the hospital and elicited information about the fitness of Babli to make statement but the doctor declared her unfit to make a statement. He referred her to P.G.I. Chandigarh for treatment due to her precarious condition, she was taken to P.G.I. Chandigarh where Dr. Anurag Jindal (PW 11) admitted her at 11.10 a.m. on that day and found that she was having 80% burn injuries. Dr. Davinder Gupta (PW 17) treated her injures but she succumbed to the injures on the same day at 12.00 Noon. After her death, intimation Exhibit PM was sent to the local police by this doctor.;