{"id":236904,"date":"2009-10-24T00:00:00","date_gmt":"2009-10-23T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/parties-name-vs-state-of-punjab-on-24-october-2009"},"modified":"2017-11-26T03:12:49","modified_gmt":"2017-11-25T21:42:49","slug":"parties-name-vs-state-of-punjab-on-24-october-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/parties-name-vs-state-of-punjab-on-24-october-2009","title":{"rendered":"Parties Name vs State Of Punjab on 24 October, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Parties Name vs State Of Punjab on 24 October, 2009<\/div>\n
CRIMINAL APPEAL          NO. 455-DB OF 2001           -1-\n\nIN THE HIGH         COURT       OF   PUNJAB     AND     HARYANA     AT\nCHANDIGARH.\n\n\n\n\n            DATE OF DECISION: October 24, 2009.\n\n\n\n\n                 Parties Name\nDilbagh Singh and others\n\n                                     ..APPELLANTS\n      VERSUS\n\nState of Punjab\n                                     ...RESPONDENTS\n\n\n\n\nCORAM:      HON'BLE MR. JUSTICE JASBIR SINGH\n            HON'BLE JUSTICE MRS. DAYA CHAUDHARY\n\n\n\n\nPRESENT: Mr. Aman Chaudhary, Advocate, for the appellants\n\n            Mr. D.S.Brar, D.A.G., Punjab, for the respondent.\n\n\n\n\nJASBIR SINGH, J.\n<\/pre>\n
ORDER.\n<\/p>\n
            This appeal has been filed against judgment and order dated<\/p>\n
August 8, 2001, vide which Dilbagh Singh, appellant No. 1( A-1) was<\/p>\n
convicted for commission of an offence punishable under Section 302 IPC,<\/p>\n
whereas Hardial Singh alias Dalla Singh, Joginder Singh and Gurbachan
\n CRIMINAL APPEAL            NO. 455-DB OF 2001             -2-<\/span><\/p>\n
Kaur, appellants No. 2 to 4 respectively (A-2 to A-4) were convicted for<\/p>\n
commission of above said offence with the aid of Section 34 IPC. All the<\/p>\n
appellants were sentenced to undergo imprisonment for life and to pay a<\/p>\n
fine of Rs. 1,000\/- each with a default clause.\n<\/p>\n
             The appellants are husband, brother-in-law, father-in-law and<\/p>\n
mother-in-law respectively, of the deceased, namely, Asha Rani alias Ashu.<\/p>\n
It was allegation against them that they, in the intervening night of 20th and<\/p>\n
21st August, 1999, caused burn injuries to Asha Rani, due to which she died<\/p>\n
on September 19, 1999.\n<\/p>\n
             Case of the prosecution, as noted by the trial Court in para No.<\/p>\n
2 of the impugned judgment, reads thus:\n<\/p>\n
             “Briefly stated, the facts of the prosecution case are that on<\/p>\n
             21.8.1999, a police party headed by Inspector Kuldip Singh<\/p>\n
             was present at Bus Stop of village Nag Kalan, where Harbhajan<\/p>\n
             Singh accompanied by his father Nazar Singh approached the<\/p>\n
             Inspector and got recorded his statement to the effect that he is<\/p>\n
             resident of Mohalla Rajinder Nagar, Batala Road, Amritsar. He<\/p>\n
             has one brother and four sisters, out (whom) three have already<\/p>\n
             been married and one is unmarried. It is further alleged that his<\/p>\n
             sister Asha Rani alias Ashu was married to Dilbagh Singh<\/p>\n
             accused about 1 \u00bd years back. At the time of her marriage,<\/p>\n
             they had given to her sufficient dowry as per their capacity. It<\/p>\n
             is further alleged that out of this wedlock, a son was born out to<\/p>\n
             her who is aged about three months and his sister was again<\/p>\n
             pregnant. After the marriage, the in-laws of his sister started<\/p>\n
             maltreating her for bringing inadequate dowry. Accused Dalla,
\n CRIMINAL APPEAL     NO. 455-DB OF 2001            -3-<\/span><\/p>\n
       brother-in-law (Jeth) of his sister was unmarried and he was not<\/p>\n
       doing any work. In order to resolve the abovesaid problem of<\/p>\n
       his sister, the complainant and his family members procured<\/p>\n
       some land in village Nangli and they also helped her to<\/p>\n
       construct her own house over there. They also contributed<\/p>\n
       some amount for this purpose and rest of the expenses for<\/p>\n
       construction of the house were incurred by his sister by<\/p>\n
       disposing of her ornaments. The complainant further alleged<\/p>\n
       that all the accused i.e. Husband Dilbagh Singh, his brother<\/p>\n
       Dalla and father-in-law and mother-in-law of his sister Asha<\/p>\n
       Rani used to give her frequent beating and pressurising her to<\/p>\n
       bring more cash amount. His sister told all this to the wife of<\/p>\n
       the complainant , namely, Harpreet Kaur who further told the<\/p>\n
       same to the complainant.       Faced with this situation, the<\/p>\n
       complainant had gone to his sister on 20.8.1999 to enquire<\/p>\n
       about her. She told him that even in the morning, her in-laws<\/p>\n
       had beaten her on account of her spending Rs. 50\/- on grossery<\/p>\n
       for the house. She also expressed that she apprehends that she<\/p>\n
       may not be killed by her in-laws. It is further alleged that on<\/p>\n
       21.8.1999, when the complainant had gone to his place of<\/p>\n
       work, there he received a message that his sister Ashu has been<\/p>\n
       doused with kerosene oil on the intervening night of<\/p>\n
       20\/21.8.1999.   The complainant and his father reached the<\/p>\n
       hospital where Asha Rani was admitted for treatment. She was<\/p>\n
       found to be conscious and she told them that father-in-law and<\/p>\n
       mother-in-law caught her arms, Dalla accused gagged her
\n CRIMINAL APPEAL           NO. 455-DB OF 2001             -4-<\/span><\/p>\n
            mouth with a piece of cloth and Dilbagh Singh accused put<\/p>\n
            kerosene oil on her and set her on fire.”<\/p><\/blockquote>\n
            Process of criminal law justice was put in motion on a<\/p>\n
statement (Ex. PH), made by Harbhajan Singh (PW7), brother of the<\/p>\n
deceased, which led to registration of an FIR (Ex. PH\/2) in Police Station<\/p>\n
Majitha at 9.10 PM on August 21, 1999. The deceased was admitted in the<\/p>\n
Hospital by Dr. Jaswant Singh (PW2) on August 21, 1999, with burn<\/p>\n
injuries. The Investigating Officer – Inspector Kuldip Singh (PW9), after<\/p>\n
registration of the FIR, went to the spot on August 22, 1999, and took into<\/p>\n
his possession one match box and one plastic cane against recovery memo<\/p>\n
Ex. Pj . He also got prepared rough site plan with correct marginal notes.<\/p>\n
He went to the Hospital and moved an application regarding fitness of the<\/p>\n
patient on August 22, 1999. The doctor declared Asha Rani unfit to make<\/p>\n
the statement vide endorsement Ex. PK\/1. He also recorded statements of<\/p>\n
the prosecution witnesses. He again went to the Hospital on August 23,<\/p>\n
1999, however, returned back for want of availability of the concerned<\/p>\n
doctor. On August 24, 1999, he again moved an application to know about<\/p>\n
fitness of the patient. The Doctor declared the patient fit to make statement.<\/p>\n
In the meantime, it appears that investigation was taken over by SI Paul<\/p>\n
Singh, who moved an application on August 25, 1999, to the Chief Judicial<\/p>\n
Magistrate at Amritsar, with a request that statement of Asha Rani be<\/p>\n
recorded.   Application was marked to Manjot Kaur (PW13), Judicial<\/p>\n
Magistrate Ist Class, Amritsar. She went to the Hospital and moved an<\/p>\n
application to know about fitness of the patient. Vide opinion Ex. PT, the<\/p>\n
doctor declared Asha Rani fit to make statement. To know her mental state,
\n CRIMINAL APPEAL           NO. 455-DB OF 2001              -5-<\/span><\/p>\n
the witness named above put some questions to her. Thereafter, Asha Rani’s<\/p>\n
statement (Ex. PT\/1) was recorded by Mrs. Manjot Kaur, Judicial<\/p>\n
Magistrate Ist Class. The statement was read over to Asha Rani and she put<\/p>\n
her left and right foot thumb -impression on the statement. Endorsement in<\/p>\n
that regard was made by the witness, named above, and also by the Doctor.<\/p>\n
            Asha Rani succumbed to her injuries on September 19, 1999.<\/p>\n
The Investigating Officer prepared the inquest report and sent the dead body<\/p>\n
for post-mortem examination, which was conducted by Dr. Gurmanjit Rai<\/p>\n
(PW1). This witness has specifically stated that the deceased remained<\/p>\n
admitted in the hospital from August 21, 1999, to September 19, 1999. It<\/p>\n
was further deposed that superficial to deep burns were present on the<\/p>\n
forehead, face, upper-limbs, front and back of abdomen and chest. Soles of<\/p>\n
both feet and outer aspect of right lower limb , superficial and deep slough<\/p>\n
had fallen of at places with peeling of skin. The burns on the body were to<\/p>\n
the extent of 60%which were ante mortem in nature. Witness also stated<\/p>\n
that cause of death was septicemia\/ shock, as a result of burn injuries, which<\/p>\n
were sufficient to cause death in ordinary course of nature.<\/p>\n
            The Investigating Officer, on completion of investigation,<\/p>\n
submitted final report in Court for trial. It is necessary to mention here that<\/p>\n
initially, FIR was recorded under Sections 307 and 498-A IPC. However,<\/p>\n
after death of Asha Rani on September 19, 1999, offences punishable under<\/p>\n
Sections 302\/304-B IPC were added in the FIR.      The     appellants     were<\/p>\n
charge-sheeted for the above said offences, to which they pleaded not guilty<\/p>\n
and claimed trial. The prosecution produced 14 witnesses and also brought<\/p>\n
on record documentary evidence to prove its case.          On conclusion of<\/p>\n
prosecution evidence, statements of the appellants – accused were recorded
\n CRIMINAL APPEAL           NO. 455-DB OF 2001              -6-<\/span><\/p>\n
under Section 313 Cr.P.C. Incriminating material, existing on record, was<\/p>\n
put to them. They controverted the same, claimed innocence and false<\/p>\n
implication. However, they led no evidence in defence. It was also averred<\/p>\n
by the appellants that Dilbagh Singh (A-1) was residing with deceased<\/p>\n
separately from the other appellants – accused. The trial Court, on appraisal<\/p>\n
of evidence, found the appellants – accused guilty , convicted and sentenced<\/p>\n
them, as mentioned in earlier part of this order. Hence this appeal.<\/p>\n
            It is an admitted fact on record that the marriage of appellant<\/p>\n
No. 1 with the deceased was solemnised about 1 \u00bd years before the date of<\/p>\n
occurrence. Out of the wed lock, one child was born. It has also come on<\/p>\n
record that on the date of occurrence, deceased was pregnant. The trial<\/p>\n
Court, after noting contents of the statements made by Harbhajan Singh<\/p>\n
(PW7), brother of the deceased, and Nazar Singh (PW8), father of the<\/p>\n
deceased,   rightly held that the deceased was being maltreated by her<\/p>\n
husband , throughout, from the date of her marriage. Both the above named<\/p>\n
PWs have reiterated allegations of the prosecution, as mentioned in earlier<\/p>\n
part of this order. They have specifically stated that there was a dispute in<\/p>\n
the family. Dilbagh Singh accused came to them for financial help. He was<\/p>\n
paid Rs. 5,000\/- in cash. Deceased also sold her jewelry to construct a<\/p>\n
separate house. It was further stated that the land was purchased in the<\/p>\n
adjoining village Nangli and separate house was constructed thereon by the<\/p>\n
appellant and the deceased in the year 1996. It has also come on record that<\/p>\n
appellants No. 2 to 4 were residing at village Sham Nagar. It is also an<\/p>\n
admitted fact that the occurrence had taken place at village Sham Nagar.<\/p>\n
            Statement of the deceased was recorded by Mrs. Manjot Kaur ,<\/p>\n
Judicial Magistrate Ist Class, (PW13). Reading of the statement indicates
\n CRIMINAL APPEAL            NO. 455-DB OF 2001             -7-<\/span><\/p>\n
that before recording it, necessary legal precautions were taken. To know<\/p>\n
fitness of the deceased, opinion of the Doctor was sought, who gave the<\/p>\n
positive opinion. Before recording her statement, some questions were also<\/p>\n
put to the deceased, to test her mental condition. In her statement Ex. PT\/3,<\/p>\n
she has stated as under:\n<\/p>\n
            “It is stated that on 12.8.1999, I was just to cleaning the utensils<\/p>\n
            after taking meals along with my husband, Called me and said<\/p>\n
            that he gave Rs. 400\/- to me and keep Rs. 50\/- for house hold<\/p>\n
            expenditure and to give Rs. 350\/- to him. In the evening when<\/p>\n
            my husband came and demanded money, I borrowed house<\/p>\n
            hold articles. My jeth and my husband gave beatings to me. My<\/p>\n
            mother-in-law caught hold of my one arm and one arm my<\/p>\n
            father-in-law. My Jeth put cloth in my mouth. My husband set<\/p>\n
            me on fire. My son was just about 1 \u00bd months. My mother -in-<\/p>\n
            law concealed washing sop. She maltreated me. After setting<\/p>\n
            me on fire no one allowed me to put me out. My neighbour put<\/p>\n
            me out. My in-laws disallowed me to took the house. Then<\/p>\n
            Sarpanch came and took me in the car to Hospital. They all<\/p>\n
            should be convicted. I have nothing more to say.”<\/p><\/blockquote>\n
            From perusal of statement of the deceased coupled with other<\/p>\n
evidence on record, it can safely be said that so far as participation of<\/p>\n
Dilbagh Singh (A-1) and Hardayal Singh (A-2) in the crime is concerned,<\/p>\n
the same is fully proved on record. Dying declaration inspires confidence<\/p>\n
and the same has been recorded as per norms. The doctor remained present<\/p>\n
throughout when statement of the deceased was recorded.                   Some
\n CRIMINAL APPEAL           NO. 455-DB OF 2001              -8-<\/span><\/p>\n
discrepancies here and there, as indicated by counsel for the appellants in<\/p>\n
statements of the prosecution witnesses are of no help to the appellants, i.e.,<\/p>\n
Dilbagh Singh and Hardial Singh alias Dalla Singh.\n<\/p>\n
            Contention of counsel for the appellants that as the death has<\/p>\n
occurred after about one month of the date of occurrence and it was the<\/p>\n
result of septicemia, the trial Court was not justified in convicting the<\/p>\n
appellants – accused vide the impugned judgment.\n<\/p>\n
            This Court is of the view that the argument raised is liable to be<\/p>\n
rejected. It has come on record that when the deceased was taken to the<\/p>\n
Hospital, she had 60% burns on her body. She died on September 19,<\/p>\n
1999. As per post-mortem report, burns were at her entire body. All the<\/p>\n
burns were ante mortem in nature and were sufficient to cause death in<\/p>\n
ordinary course. Death of Asha Rani is a direct result of criminal act of the<\/p>\n
appellants No. 1 and 2. Faced with the situation, counsel for the appellants<\/p>\n
has vehemently contended that there was no occasion for appellants No. 2 to<\/p>\n
4 to be present at the spot. They have unnecessarily been dragged in the<\/p>\n
litigation being relatives of appellant No. 1. This Court is of the view that<\/p>\n
so far as participation of appellant No. 2 in the crime is concerned, the same<\/p>\n
is proved on record. It has come on record that he is unmarried, doing no<\/p>\n
work and had been teasing the deceased from the very beginning.<\/p>\n
Otherwise also, the act of causing burns to the deceased appears to be a<\/p>\n
handiwork of two persons and not one.\n<\/p>\n
            So far as appellants No. 3 and 4 are concerned, this Court is of<\/p>\n
the opinion that benefit of doubt can be given to them. Both are father-in-<\/p>\n
law and mother-in-law of the deceased. They were of 73 years and 70<\/p>\n
years of age respectively at the time of alleged occurrence. They remained
\n CRIMINAL APPEAL           NO. 455-DB OF 2001            -9-<\/span><\/p>\n
in jail for more than seven years. This appeal was filed through Jail. In the<\/p>\n
dying declaration, which was recorded on August 25, 1999, it was stated<\/p>\n
that both had caught hold of the deceased from her arms. This Court is of<\/p>\n
the opinion that such an act may not be possible by the appellants No. 3 and<\/p>\n
4 being very old. Evidence on record clearly indicates that appellants No. 3<\/p>\n
and 4 were living separately from the deceased and her husband. Statement<\/p>\n
of Harbhajan Singh (PW7) and Nazar Singh (PW8) was recorded before<\/p>\n
recording the statement of the deceased. Both the witnesses have attributed<\/p>\n
the same roll to appellants No. 3 and 4, which was subsequently attributed<\/p>\n
by the deceased, to them, in her dying declaration. It has also come on<\/p>\n
record that immediately after admission in the Hospital, parents of the<\/p>\n
deceased reached there and they remained by her side throughout. Both the<\/p>\n
witnesses have stated that the deceased was in semi-conscious state and had<\/p>\n
told them facts about the alleged incident. It appears that the deceased<\/p>\n
might have been tutored by the parents, in the meantime, before her<\/p>\n
statement was recorded by the Magistrate. At present both the appellants<\/p>\n
are more than \/ about 80 years of age.\n<\/p>\n
              Their lordships of the Supreme Court have specifically noted<\/p>\n
in Kans Raj v. State of Punjab, AIR<\/a> 2000 Supreme Court 2324, and Sham<\/p>\n
Lal v. State of Haryana, AIR<\/a> 1997 Supreme Court 1873, that it has<\/p>\n
become tendency in matrimonial disputes, to drag all relatives of the<\/p>\n
husband, in criminal litigation. A caution was given to the Courts to make<\/p>\n
an attempt to separate truth from falsehood. Appellants No. 3 and 4 are<\/p>\n
very old. They were not to be benefited if any dowry\/ amount was to be<\/p>\n
paid by the parents of the deceased to appellant No. 1. Allegations against<\/p>\n
appellants No. 3 and 4 do not inspire confidence, benefit of which will go to
\n CRIMINAL APPEAL          NO. 455-DB OF 2001             -10-<\/span><\/p>\n
them.\n<\/p>\n
            In view of above, this appeal is dismissed qua appellants No. 1<\/p>\n
and 2, they be taken in custody to undergo remaining part of their sentence.<\/p>\n
However, it is allowed qua appellants No. 3 and 4 and they are acquitted of<\/p>\n
the charges framed against them.\n<\/p>\n<\/p>\n
                                                (JASBIR SINGH)
\n                                                    JUDGE<\/p>\n
                                             ( DAYA CHAUDHARY)
\n                                                     JUDGE<\/p>\n
October 24, 2009.\n<\/p>\n
DKC\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Parties Name vs State Of Punjab on 24 October, 2009 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-236904","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nParties Name vs State Of Punjab on 24 October, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/parties-name-vs-state-of-punjab-on-24-october-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Parties Name vs State Of Punjab on 24 October, 2009 - 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