A.N.JINDAL,J - (1.) MARRIAGES are made in heaven says is an adage. A girl marries while having a dream of good husband to have his company throughout her life to pull on life like a chariot, when a bride leaves parental home for the matrimonial home leaving behind sweet memories there with a hope that she will see a new world full of love in her groom's house. She leaves behind not only her memories but also her surname, gotra and maidenhood. She excepts (expects ?) not only to be good wife but to be a good mother, daughter-in-law and even mother-in-law. This case relates to the sordid story of a woman who fell prey in the hands of his boozer husband and lost her life.
(2.) THE appellant calls in question legality of the judgment rendered by the Sessions Judge, Bathinda dated 11.3.1997 vide which Lilawanti, mother-in-law and Shakuntla alias Kaka, sister-in-law have been acquitted whereas Raj Kumar accused husband of the deceased Meena Rani was convicted under Section 302 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo R.I. for 2 years. Meena Rani was married at Raman Mandi, District Bathinda to Raj Kumar, accused-appellant (hereinafter referred to as 'the accused') 10/11 years back. From this wedlock, three children, namely, Neha, Pardeep and Ritu were born. The relations between Meena Rani and the accused were not cordial because the accused was a boozer. Meena Rani, while disclosing about her marriage, in her statement dated 30.12.1994, further told that on 29.11.1994, Ram Chander, brother of Meena Rani, a Canal Patwari (PW-4) had come to visit her and stayed there for a night. At that time, she disclosed to Ram Chander that Raj Kumar was addicted to drinking. She further told him that whenever she resisted, then Raj Kumar replied angrily and spoke of beating her. Meena Rani further confided that her sister-in-law Shakuntla and mother-in-law Leela Wanti had been instigating him to beat her and whenever she demanded house hold expenses to pull on the family then he used to direct her to get out of his house and come under a train and die. Ram Chander tried to pacify her and also told her that he would pursuade Raj Kumar also. In the meantime, at about 7 p.m. when Ram Chander was resting in a room in his sister's house, Raj Kumar appellant came under the influence of liquor and started threatening her that he will see as to who saves her. Thereafter, he poured kerosene on her and ignited the match stick setting Meena Rani on fire and thereafter he ran away. Ram Chander put off the fire. Meena Rani raised hue and cry 'burnt' 'burnt'. Her children also started wailing and crying. She became unconscious. Ram Chander took her to the hospital. At 5.10 a.m. Meena Rani was admitted in the Civil Hospital and she was medically examined by PW-3, Dr. Amarjit Singh Sethi at 5.15 a.m. He sent intimation of her arrival to the Police Station Kotwali Bathinda whereupon ASI Chhota Ram along with other police officials reached Police Station Civil Lines, Bathinda and took into possession chit Ex. PF written by Dr. Amarjit Singh Sethi to Police Station regarding admission of Meena Rani with burn injuries. Then at about 10.15 a.m., ASI Chhota Ram approached the duty Magistrate for recording statement and submitted application Ex. PD over which Shri R.S. Rai, Judicial Magistrate PW-2 made his endorsement Ex. PD/1 at 10.45 a.m. and proceeded to Civil Hospital, Bathinda. After obtaining the opinion of Dr. Gurdev Singh, PW-7 at 11.00 a.m. regarding the fitness of Meena Rani to make the statement, vide medical certificate Ex. PD/2, recorded dying declaration in the presence of Dr. Gurdev Singh Ex.PE in his own hand writing, which was completed at 11.20 a.m. Thereafter, Gurdev Singh again gave a certificate to the effect that the patient remained fit during the course of recording of the statement. The statement was read over and was admitted to be correct by Meena Rani. She had put thumb impression at the foot of the statement. Then Investigating Officer also recorded the statement of Meena Rani Ex. PK on the basis of which FIR Ex. PK/2 was registered in the Police Station.
(3.) INVESTIGATING Officer commenced the investigation, recorded the statement of Ram Chander and reached the spot. He collected half burnt clothes of Meena Rani, which he put into a parcel. After sealing the parcel with his seal 'CR' took the same into possession vide recovery memo. Ex. PG. He also took into possession a plastic can containing half litre of kerosene and a match box vide recovery memo. Ex. PH. He prepared the rough site plan Ex. PL and recorded the statements of the witnesses.;