H.S.Bhalla, J. - (1.) Anu Rani (hereinafter referred to as "the deceased") could not enjoy the warmth of her married life and after about six months of her marriage, she met her edge of doom by the hands of her husband Rakesh Kumar (hereinafter referred to as "the accused") who was tried in case registered against him under FIR No. 25 of 1993, Police Station Sadar Ludhiana, but was acquitted of the charge by the then learned Sessions Judge, Ludhiana, vide his order dated May 4, 1995. Aggrieved against this order, the Punjab State had no other option but to knock the door of this Court by challenging the acquittal order through the appeal in hand.
(2.) The other facts required to be noticed for the disposal of this appeal are that the deceased was married to the accused six months prior to 26.2.1993. After marriage, she learnt that her husband had illicit relations with his sister-in-law Smt. Babita Rani. On that account, they used to quarrel with each other. Prior to her marriage with accused Rakesh Kumar, their entire family, including Babita Rani and her husband Sunil Kumar had been residing in Shashtri Nagar, Ludhiana. After the marriage of the accused, Babita Rani shifted to Kailash Nagar, Ludhiana.
(3.) On February, 23, 1993 at about 1.00 p.m. deceased told her husband that he should give up his illicit relations with Babita Rani, but Rakesh Kumar reacted and out of reaction, he gave beating to the deceased and went away. Anu Rani went to her parents house in New Shiv Puri and narrated them the entire version. After having heard the entire version as narrated by her, her brother Madan Lal and mother Chander Lekha along with Anu Rani came to her house and he asked Anu Rani to prepare tea for him, but he was told that there was no milk in the house and he should bring milk, so that she could prepare tea for him. Thereafter, accused sprinkled kerosene oil on her lying in a tin pipi in the room of his house within the very sight of Anu Rani's mother Chander Lekha and brother Madan Lal and lighted match stick and set her on fire saying that she was causing obstruction in his love affair with Babita. After setting her on fire, Rakesh Kumar ran away from the house. Anu rani raised an alarm. As per the prosecution version, Chander Lekha, the mother of the deceased, and brother Madan Lal witnesses the occurrence. They extinguished fire and took her to DMC Hospital, Ludhiana for treatment. In the hospital, she was given treatment and on receipt of a ruqa, Assistant Sub Inspector Om Parkash of Police Post New Subhash Nagar, Ludhiana, reached the hospital and inquired from the doctor if Anu rani was fit to make statement. The doctor opined that she was unfit to make statement. On 25.2.1993 Assistant Sub Inspector Om Parkash again went to the hospital and inquired from the doctor regarding the condition of Anu Rani, but he was again told that she was not fit to make statement. On 26.2.1993, he submitted an application to the doctor seeking his opinion whether Anu Rani was fit to make statement and the doctor opined that she was fit to make statement and thereupon Assistant Sub Inspector Om Parkash recorded the statement of Anu Rani, Ex. PJ, which was sent to the Police Station Sadar Ludhiana and on its basis, formal FIR bearing No. 25 dated 26.2.1993 was registered against the accused. Anu Rani died due to burn injuries and the offence was converted into under Section 302 of the Indian Penal Code. Post-mortem on the dead body of the deceased was conducted on 7.3.1993 at Civil Hospital, Ludhiana. Inquest report was prepared and after investigation, Rakesh Kumar was challaned under Section 302 of the Indian Penal Code.;