CRIMINAL APPEAL NO. 455-DB OF 2001 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
DATE OF DECISION: October 24, 2009.
Parties Name
Dilbagh Singh and others
..APPELLANTS
VERSUS
State of Punjab
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE JUSTICE MRS. DAYA CHAUDHARY
PRESENT: Mr. Aman Chaudhary, Advocate, for the appellants
Mr. D.S.Brar, D.A.G., Punjab, for the respondent.
JASBIR SINGH, J.
ORDER.
This appeal has been filed against judgment and order dated
August 8, 2001, vide which Dilbagh Singh, appellant No. 1( A-1) was
convicted for commission of an offence punishable under Section 302 IPC,
whereas Hardial Singh alias Dalla Singh, Joginder Singh and Gurbachan
CRIMINAL APPEAL NO. 455-DB OF 2001 -2-
Kaur, appellants No. 2 to 4 respectively (A-2 to A-4) were convicted for
commission of above said offence with the aid of Section 34 IPC. All the
appellants were sentenced to undergo imprisonment for life and to pay a
fine of Rs. 1,000/- each with a default clause.
The appellants are husband, brother-in-law, father-in-law and
mother-in-law respectively, of the deceased, namely, Asha Rani alias Ashu.
It was allegation against them that they, in the intervening night of 20th and
21st August, 1999, caused burn injuries to Asha Rani, due to which she died
on September 19, 1999.
Case of the prosecution, as noted by the trial Court in para No.
2 of the impugned judgment, reads thus:
“Briefly stated, the facts of the prosecution case are that on
21.8.1999, a police party headed by Inspector Kuldip Singh
was present at Bus Stop of village Nag Kalan, where Harbhajan
Singh accompanied by his father Nazar Singh approached the
Inspector and got recorded his statement to the effect that he is
resident of Mohalla Rajinder Nagar, Batala Road, Amritsar. He
has one brother and four sisters, out (whom) three have already
been married and one is unmarried. It is further alleged that his
sister Asha Rani alias Ashu was married to Dilbagh Singh
accused about 1 ½ years back. At the time of her marriage,
they had given to her sufficient dowry as per their capacity. It
is further alleged that out of this wedlock, a son was born out to
her who is aged about three months and his sister was again
pregnant. After the marriage, the in-laws of his sister started
maltreating her for bringing inadequate dowry. Accused Dalla,
CRIMINAL APPEAL NO. 455-DB OF 2001 -3-brother-in-law (Jeth) of his sister was unmarried and he was not
doing any work. In order to resolve the abovesaid problem of
his sister, the complainant and his family members procured
some land in village Nangli and they also helped her to
construct her own house over there. They also contributed
some amount for this purpose and rest of the expenses for
construction of the house were incurred by his sister by
disposing of her ornaments. The complainant further alleged
that all the accused i.e. Husband Dilbagh Singh, his brother
Dalla and father-in-law and mother-in-law of his sister Asha
Rani used to give her frequent beating and pressurising her to
bring more cash amount. His sister told all this to the wife of
the complainant , namely, Harpreet Kaur who further told the
same to the complainant. Faced with this situation, the
complainant had gone to his sister on 20.8.1999 to enquire
about her. She told him that even in the morning, her in-laws
had beaten her on account of her spending Rs. 50/- on grossery
for the house. She also expressed that she apprehends that she
may not be killed by her in-laws. It is further alleged that on
21.8.1999, when the complainant had gone to his place of
work, there he received a message that his sister Ashu has been
doused with kerosene oil on the intervening night of
20/21.8.1999. The complainant and his father reached the
hospital where Asha Rani was admitted for treatment. She was
found to be conscious and she told them that father-in-law and
mother-in-law caught her arms, Dalla accused gagged her
CRIMINAL APPEAL NO. 455-DB OF 2001 -4-mouth with a piece of cloth and Dilbagh Singh accused put
kerosene oil on her and set her on fire.”
Process of criminal law justice was put in motion on a
statement (Ex. PH), made by Harbhajan Singh (PW7), brother of the
deceased, which led to registration of an FIR (Ex. PH/2) in Police Station
Majitha at 9.10 PM on August 21, 1999. The deceased was admitted in the
Hospital by Dr. Jaswant Singh (PW2) on August 21, 1999, with burn
injuries. The Investigating Officer – Inspector Kuldip Singh (PW9), after
registration of the FIR, went to the spot on August 22, 1999, and took into
his possession one match box and one plastic cane against recovery memo
Ex. Pj . He also got prepared rough site plan with correct marginal notes.
He went to the Hospital and moved an application regarding fitness of the
patient on August 22, 1999. The doctor declared Asha Rani unfit to make
the statement vide endorsement Ex. PK/1. He also recorded statements of
the prosecution witnesses. He again went to the Hospital on August 23,
1999, however, returned back for want of availability of the concerned
doctor. On August 24, 1999, he again moved an application to know about
fitness of the patient. The Doctor declared the patient fit to make statement.
In the meantime, it appears that investigation was taken over by SI Paul
Singh, who moved an application on August 25, 1999, to the Chief Judicial
Magistrate at Amritsar, with a request that statement of Asha Rani be
recorded. Application was marked to Manjot Kaur (PW13), Judicial
Magistrate Ist Class, Amritsar. She went to the Hospital and moved an
application to know about fitness of the patient. Vide opinion Ex. PT, the
doctor declared Asha Rani fit to make statement. To know her mental state,
CRIMINAL APPEAL NO. 455-DB OF 2001 -5-
the witness named above put some questions to her. Thereafter, Asha Rani’s
statement (Ex. PT/1) was recorded by Mrs. Manjot Kaur, Judicial
Magistrate Ist Class. The statement was read over to Asha Rani and she put
her left and right foot thumb -impression on the statement. Endorsement in
that regard was made by the witness, named above, and also by the Doctor.
Asha Rani succumbed to her injuries on September 19, 1999.
The Investigating Officer prepared the inquest report and sent the dead body
for post-mortem examination, which was conducted by Dr. Gurmanjit Rai
(PW1). This witness has specifically stated that the deceased remained
admitted in the hospital from August 21, 1999, to September 19, 1999. It
was further deposed that superficial to deep burns were present on the
forehead, face, upper-limbs, front and back of abdomen and chest. Soles of
both feet and outer aspect of right lower limb , superficial and deep slough
had fallen of at places with peeling of skin. The burns on the body were to
the extent of 60%which were ante mortem in nature. Witness also stated
that cause of death was septicemia/ shock, as a result of burn injuries, which
were sufficient to cause death in ordinary course of nature.
The Investigating Officer, on completion of investigation,
submitted final report in Court for trial. It is necessary to mention here that
initially, FIR was recorded under Sections 307 and 498-A IPC. However,
after death of Asha Rani on September 19, 1999, offences punishable under
Sections 302/304-B IPC were added in the FIR. The appellants were
charge-sheeted for the above said offences, to which they pleaded not guilty
and claimed trial. The prosecution produced 14 witnesses and also brought
on record documentary evidence to prove its case. On conclusion of
prosecution evidence, statements of the appellants – accused were recorded
CRIMINAL APPEAL NO. 455-DB OF 2001 -6-
under Section 313 Cr.P.C. Incriminating material, existing on record, was
put to them. They controverted the same, claimed innocence and false
implication. However, they led no evidence in defence. It was also averred
by the appellants that Dilbagh Singh (A-1) was residing with deceased
separately from the other appellants – accused. The trial Court, on appraisal
of evidence, found the appellants – accused guilty , convicted and sentenced
them, as mentioned in earlier part of this order. Hence this appeal.
It is an admitted fact on record that the marriage of appellant
No. 1 with the deceased was solemnised about 1 ½ years before the date of
occurrence. Out of the wed lock, one child was born. It has also come on
record that on the date of occurrence, deceased was pregnant. The trial
Court, after noting contents of the statements made by Harbhajan Singh
(PW7), brother of the deceased, and Nazar Singh (PW8), father of the
deceased, rightly held that the deceased was being maltreated by her
husband , throughout, from the date of her marriage. Both the above named
PWs have reiterated allegations of the prosecution, as mentioned in earlier
part of this order. They have specifically stated that there was a dispute in
the family. Dilbagh Singh accused came to them for financial help. He was
paid Rs. 5,000/- in cash. Deceased also sold her jewelry to construct a
separate house. It was further stated that the land was purchased in the
adjoining village Nangli and separate house was constructed thereon by the
appellant and the deceased in the year 1996. It has also come on record that
appellants No. 2 to 4 were residing at village Sham Nagar. It is also an
admitted fact that the occurrence had taken place at village Sham Nagar.
Statement of the deceased was recorded by Mrs. Manjot Kaur ,
Judicial Magistrate Ist Class, (PW13). Reading of the statement indicates
CRIMINAL APPEAL NO. 455-DB OF 2001 -7-
that before recording it, necessary legal precautions were taken. To know
fitness of the deceased, opinion of the Doctor was sought, who gave the
positive opinion. Before recording her statement, some questions were also
put to the deceased, to test her mental condition. In her statement Ex. PT/3,
she has stated as under:
“It is stated that on 12.8.1999, I was just to cleaning the utensils
after taking meals along with my husband, Called me and said
that he gave Rs. 400/- to me and keep Rs. 50/- for house hold
expenditure and to give Rs. 350/- to him. In the evening when
my husband came and demanded money, I borrowed house
hold articles. My jeth and my husband gave beatings to me. My
mother-in-law caught hold of my one arm and one arm my
father-in-law. My Jeth put cloth in my mouth. My husband set
me on fire. My son was just about 1 ½ months. My mother -in-
law concealed washing sop. She maltreated me. After setting
me on fire no one allowed me to put me out. My neighbour put
me out. My in-laws disallowed me to took the house. Then
Sarpanch came and took me in the car to Hospital. They all
should be convicted. I have nothing more to say.”
From perusal of statement of the deceased coupled with other
evidence on record, it can safely be said that so far as participation of
Dilbagh Singh (A-1) and Hardayal Singh (A-2) in the crime is concerned,
the same is fully proved on record. Dying declaration inspires confidence
and the same has been recorded as per norms. The doctor remained present
throughout when statement of the deceased was recorded. Some
CRIMINAL APPEAL NO. 455-DB OF 2001 -8-
discrepancies here and there, as indicated by counsel for the appellants in
statements of the prosecution witnesses are of no help to the appellants, i.e.,
Dilbagh Singh and Hardial Singh alias Dalla Singh.
Contention of counsel for the appellants that as the death has
occurred after about one month of the date of occurrence and it was the
result of septicemia, the trial Court was not justified in convicting the
appellants – accused vide the impugned judgment.
This Court is of the view that the argument raised is liable to be
rejected. It has come on record that when the deceased was taken to the
Hospital, she had 60% burns on her body. She died on September 19,
1999. As per post-mortem report, burns were at her entire body. All the
burns were ante mortem in nature and were sufficient to cause death in
ordinary course. Death of Asha Rani is a direct result of criminal act of the
appellants No. 1 and 2. Faced with the situation, counsel for the appellants
has vehemently contended that there was no occasion for appellants No. 2 to
4 to be present at the spot. They have unnecessarily been dragged in the
litigation being relatives of appellant No. 1. This Court is of the view that
so far as participation of appellant No. 2 in the crime is concerned, the same
is proved on record. It has come on record that he is unmarried, doing no
work and had been teasing the deceased from the very beginning.
Otherwise also, the act of causing burns to the deceased appears to be a
handiwork of two persons and not one.
So far as appellants No. 3 and 4 are concerned, this Court is of
the opinion that benefit of doubt can be given to them. Both are father-in-
law and mother-in-law of the deceased. They were of 73 years and 70
years of age respectively at the time of alleged occurrence. They remained
CRIMINAL APPEAL NO. 455-DB OF 2001 -9-
in jail for more than seven years. This appeal was filed through Jail. In the
dying declaration, which was recorded on August 25, 1999, it was stated
that both had caught hold of the deceased from her arms. This Court is of
the opinion that such an act may not be possible by the appellants No. 3 and
4 being very old. Evidence on record clearly indicates that appellants No. 3
and 4 were living separately from the deceased and her husband. Statement
of Harbhajan Singh (PW7) and Nazar Singh (PW8) was recorded before
recording the statement of the deceased. Both the witnesses have attributed
the same roll to appellants No. 3 and 4, which was subsequently attributed
by the deceased, to them, in her dying declaration. It has also come on
record that immediately after admission in the Hospital, parents of the
deceased reached there and they remained by her side throughout. Both the
witnesses have stated that the deceased was in semi-conscious state and had
told them facts about the alleged incident. It appears that the deceased
might have been tutored by the parents, in the meantime, before her
statement was recorded by the Magistrate. At present both the appellants
are more than / about 80 years of age.
Their lordships of the Supreme Court have specifically noted
in Kans Raj v. State of Punjab, AIR 2000 Supreme Court 2324, and Sham
Lal v. State of Haryana, AIR 1997 Supreme Court 1873, that it has
become tendency in matrimonial disputes, to drag all relatives of the
husband, in criminal litigation. A caution was given to the Courts to make
an attempt to separate truth from falsehood. Appellants No. 3 and 4 are
very old. They were not to be benefited if any dowry/ amount was to be
paid by the parents of the deceased to appellant No. 1. Allegations against
appellants No. 3 and 4 do not inspire confidence, benefit of which will go to
CRIMINAL APPEAL NO. 455-DB OF 2001 -10-
them.
In view of above, this appeal is dismissed qua appellants No. 1
and 2, they be taken in custody to undergo remaining part of their sentence.
However, it is allowed qua appellants No. 3 and 4 and they are acquitted of
the charges framed against them.
(JASBIR SINGH)
JUDGE
( DAYA CHAUDHARY)
JUDGE
October 24, 2009.
DKC