S.D.ANAND,J - (1.) APPELLANTS Rajinder Kumar and Dimple (along with three others namely, Ashwani Kumar, Shamma and Madhu Bala) were tried on charges under Sections 498-A, 302, read with Section 149 IPC, 304-B and 506 IPC ( in case FIR No. 30 dated 1.4.1998, Police Station Division No. 2, Ludhiana).
(2.) APPELLANTS Rajinder Kumar and Dimple were convicted under Section 302 IPC for having committed the murder of Sunita Rani in furtherance of their common intention; while the above three persons were acquitted. Sunita Rani was married to appellant Rajinder Kumar about 1-1-1/2 years prior to her death. Appellant Dimple is wife of Ashwani Kumar alias Sonu, a brother of Rajinder Kumar. Ashwani Kumar earned a verdict of acquittal. Sunita Rani used to resent the growing intimacy as between Rajinder Kumar and Dimple appellant. Rajinder Kumar would not care for her and would tell her that he would not refrain from continuing the relationship with Sunita Rani. Vide Ex. PL, Sunita Rani informed the police (in the form of a dying declaration) that Rajinder Kumar poured kerosene oil upon her while appellant Dimple set her afire by lighting a match stick. Though Ex. PL attributes role to acquitted as well, we do not feel called upon to indicate that part of the statement in view of the fact that the acquittal of Ashwani Kumar, Shamma and Madhu Bala has attained finality inasmuch as the State did not challenge it.
(3.) LEARNED Trial Judge placed reliance upon Ex. PL and recorded the impugned finding of conviction.;