Adarsh Kumar Goel, J. - (1.) THE appellants challenge their conviction under Sections 302/149 IPC for which they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/ -each, in default, to undergo further RI for one year each. They also challenge their conviction under Section 143 IPC for which they have been sentenced to undergo rigorous imprisonment for six months each which is to run concurrently.
(2.) THE case of the prosecution is that on 28.10.2000 at 7.00 a.m. Vipan Bedi, PW3 received a telephonic call from deceased Shama that family member of her in laws were beating her and torturing her for not bringing Scooter. Shama was cousin of Vipin Bedi (daughter of sister of his father) and had been married to appellant Rajiv Sehgal one and a half year prior to the occurrence. She had eight months old daughter Bhumika. She was being maltreated on account of demand of dowry. Vipin Bedi, his father Jaswant Bedi and Uncle Kulwant Rai Bedi were living nearby, while parents of Shama were in a different city i.e. Amritsar and they tried to make in -laws of Shama understand many times to refrain from maltreating her. About 20 days prior to the occurrence, Shama came to their house and told Vipin Bedi and his father that her husband and other family members were demanding Scooter and threatening her that if scooter was not brought, she and her daughter will be done to death. On 28.10.2000, at 7 -00 A.M., Shama telephoned Vipin Bedi that she was being beaten by her in -laws. After receiving telephonic call, at 8.30 a.m., Vipin Bedi, along with his cousin (son of sister of his father) Rohit, who was also residing nearby went to the house of Shama. They went to Chaubara (room on the first floor) and saw that Shama had been caught hold by her parents in law. Rajesh Sehgal @ Sonu younger brother of Rajiv Sehgal was pouring kerosene oil on her and Deepak Kumar elder brother of Rajiv Sehgal was holding Bhumika and saying that she be also eliminated. Rajiv Sehgal was carrying match stick in his hands and put the clothes of Shama on fire. He also put Bhumika on fire. Thereafter, they closed the door of the room from outside, pushed the witnesses and fled away from there. Vipin Bedi and Rohit raised alarm. Many people assembled there. They broke open the door of the room and found Shama and her daughter dead with burn injuries. Mohalla people gave telephonic call to the Fire Brigade. Fire Brigade personnel visited the spot. Vipin Bedi proceeded to inform the police leaving Rohit on the spot. He met ASI Balbir Singh, PW6 on the way, who recorded the statement of Vipin Bedi, Ex.PA at 1.15 p.m. which led to registration of FIR at 1.45 p.m. ASI Balbir Singh went to the place of occurrence, took into possession double bed, bed sheet, mats, pillows which were half burnt. One plastic can and one match box were also recovered by him. He prepared inquest report, and sent the dead bodies for post mortem examination. He also prepared rough site plan and also took other steps for investigation. Dr. S.K. Sharma, Civil Hospital, Ludhiana PW5 conducted post mortem on the dead body of Shama aged 25 years on 28.10.2000 at 4.00 p.m. He found 100% burns over the body.
(3.) HE also found 6th and 7th rib on the left side fractured and lung ruptured in the middle. The cause of death was asphyxia and injury to chest and extensive burns. The injuries to chest and burns were ante -mortem and sufficient to cause death in ordinary course of nature. Time between injury and death was 5 to 10 minutes and between death and post mortem was within 12 hours. On the same day, at 4.30 p.m., he conducted post mortem on the dead body of Bhumika 8 months old child. She had superficial deep burns all over the body. Cause of death was due to asphyxia and shock as a result of burns which was ante mortem and sufficient to cause death.;