A.N.JINDAL,J - (1.) IT is a case where the prosecution in order to seek conviction of the accused for the death of Surjit Kaur, at the hands of her husband and mother-in-law, projected the dowry as a motive. Consequently, both of them were tried and vide judgment dated 10.10.1994 passed by the then Sessions Judge, Patiala, Gulzar Singh-accused/appellant (hereinafter referred to as the appellant) was convicted, while co-accused Charan Kaur was acquitted. By way of the present appeal, the appellant has challenged his conviction.
(2.) BRIEFLY stated the facts of the case are that Surjit Kaur was married to Gulzar Singh - accused/appellant (hereinafter referred to as the appellant) at village Daun Kalan about four years prior to the occurrence. Out of the wedlock, a male child was born who was aged about 1-1/2 years at the time of the occurrence. The relations between the appellant and the deceased were not cordial. On 13.7.1992 Nachattar Singh (PW-1) (hereinafter referred to as the complainant), father of the deceased had gone to village Daun Kalan to enquire about the well-being of his daughter and was sleeping over the roof, then at about midnight, he heard the cries of his daughter. Thereafter, he saw that Surjit Kaur (deceased) was in the courtyard of the house. The appellant Gulzar Singh had caught hold of her, whereas, Charan Kaur had sprinkled kerosene and then set her ablaze. The accused had removed the bamboo staircase for approaching the roof, so that the complainant may not come down from the roof. Motive behind the occurrence is that his daughter Surjit Kaur was earlier being maltreated on the pretext that she had not brought sufficient amount. The complainant had been helping the accused by paying a sum of Rs. 400-500/-, from time to time, but later on, he could not manage the amount. Consequently, she was murdered. On the aforesaid statement of the complainant made before Sub-Inspector Kaka Singh, FIR Ex. PA/1 under Section 302/34 of the Indian Penal Code (for short IPC) was registered against both the accused. The investigation was commenced. Investigating Officer reached the place of occurrence, prepared the inquest Ex. PF in the presence of Sham Singh and Gurcharan Singh, got conducted the post mortem examination on the dead body, inspected the place of occurrence, prepared the site plan with correct marginal notes Ex. PJ and took into possession an empty peepi (cane) of kerosene Ex. P-1, one match box Ex. P-2 vide recovery memo Ex. PB and PC, respectively. He also recorded the statements of the witnesses and got the place of occurrence photographed.
(3.) THE completion of investigation was followed by a report under Section 173 of the Code of Criminal Procedure. The accused were charged under Section 302/34 IPC, to which they pleaded not guilty and claimed trial.;