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2001 DIGILAW 432 (PNJ)

Sarwan Kumar v. State Of Punjab

2001-04-18

A.S.GARG, HARJIT SINGH BEDI

body2001
JudgmentJudgment A.S.Garg, J. 1. This criminal appeal relates to the death of Smt. Rani, aged about 20 years, a house wife, alleged to have been caused by her husband and his relations. Rani belonged to village Tanda, district Hoshiarpur and was married with Sarwan Kumar appellant of village Koopur, within the area of Police Station Adampur, district Jalandhar, in the year 1992. They had no child. There was expectation of more dowry articles and as a result of this, she was being allegedly harassed and maltreated. The brother of Rani, namely, Surjit Singh PW.2 and another person Balbir PW.6 who got this marriage arranged, presented the attitude of the husband and his uncle Jinder accused and auntie Jogindero accused. 2. On 28.6.1996, Smt. Rani aforesaid was rushed to the Primary Health Centre, Adampur with burn injuries on her person. Ruqa Ex.PL was sent to the Police Station by the doctor regarding the deceased having been admitted in the hospital and ultimately referred to Civil Hospital, Jalandhar. ASI Mela Singh PW.9 on receipt of ruqa Ex.PL went to Civil Hospital, Jalandhar and moved an application Ex.DA to know as to whether Smt. Rani was fit to make a statement. Vide opinion Ex.DA/1 she was declared fit to make a statement. He then recorded the statement of Smt. Rani Ex.PM and after making his endorsement Ex.PM/1 sent the same to the Police Station for registration of a case and on its basis formal F.I.R. under Section 498-A read with Section 34 of the Indian Penal Code, Ex.PM/2 was recorded at 4.45/5.45 P.M. on 28.6.1996 and subsequently offence under Section 307 of the Indian Penal Code as added on 6.7.1996. Thereafter the said ASI went to the scene of occurrence and prepared rought site plan Ex.PN of the place of occurrence. He took into possession one stove Ex.P1, half burnt salwar Ex.P2 and a match box Ex.P3 vide memo Ex.PK attested by HC Avtar Singh PW.7. On 29.6.1996, ASI Mela Singh made another application Ex.PH to the Deputy Magistrate to record the statement of Smt. Rani on the basis of which Shri Inderjit Singh Walia PW.12 recorded the dying declaration of the deceased which was Ex.PH/3. Sarwan Kumar and Jinder accused were arrested on 6.7.1996 whereas Joginder was arrested on 11.7.1996. On 29.6.1996, ASI Mela Singh made another application Ex.PH to the Deputy Magistrate to record the statement of Smt. Rani on the basis of which Shri Inderjit Singh Walia PW.12 recorded the dying declaration of the deceased which was Ex.PH/3. Sarwan Kumar and Jinder accused were arrested on 6.7.1996 whereas Joginder was arrested on 11.7.1996. Smt. Rani died on 11.6.1997 and the case was converted into under Section 302 read with Section 34 of the Indian Penal Code vide roznamcha Ex.PO. ASI Surinder Pal Singh PW.10 went to Civil Hospital, Jalandhar and recorded inquest report Ex.PR as ASI Mela Singh PW.9 was on leave. After availing the leave the investigation was again entrusted to ASI Mela Singh PW.9. The dead body was sent for post mortem. At the time of post mortem the deceased was found to be pregnant and the dead body of a child was lying by the side of the dead body of Smt. Rani. He also prepared inquest report of the dead body of the child. 3. In the first dying declaration Ex.PM recorded by ASI Mela Singh, the deceased stated that she had poured kerosene herself and set herself on fire and that her in-laws extinguished the fire and brought her to the hospital. In the second dying declaration Ex.PH/3 she claimed that her husband Sarwan Kumar had poured kerosene on her and set her on fire in the presence of his uncle and aunti i.e. Jinder and Smt. Jogindero accused. It was also being claimed that there was demand of valuables and money which was being paid to them in small amounts. 4. The autopsy on the dead body of Smt. Rani was conducted by the Medical Board consisting of Dr. Harpreet Man PW. 3 and Dr. Charanjit, on 11.7.1996 at 3.55 P.M. and found the following :- "There was ligature mark on the neck. It was body of moderately built and it was a body of an adult female and the same was covered with printed clothes. The burn injuries were partly healed and were present all over the body except face and neck. Body was covered at places with white coloured cream. Stitched wound about l" transversely present on both legs medial to medial maleus. There were 50 to 55% burns. Plourae, layle, trachea, peritonium were congested. Stomach and bladder were empty. Uterus was bulky and congested. Body was covered at places with white coloured cream. Stitched wound about l" transversely present on both legs medial to medial maleus. There were 50 to 55% burns. Plourae, layle, trachea, peritonium were congested. Stomach and bladder were empty. Uterus was bulky and congested. It was full of blood clots. Survival canal was open. 20 weeks foetus along with placenta aborted ensac was brought along with the dead body." 5. The death in the opinion of the doctor was due to septiciemia and shock due to the burn injuries which were sufficient to cause death in the ordinary course of nature. Ex.PE is the copy of the post mortem report. 6. The learned trial Judge charge sheeted the accused under Section 302 and in the alternative under Section 304-B of the Indian Penal Code. At the trial, it was being claimed by the accused persons that they were innocent and they did not have any hand in the crime. No evidence was produced in defence. The husband, however, claimed that he did not know in what manner the deceased died. He was not at home and he was arrested later on without assigning any reason. The learned trial Judge acquitted both Jinder and Jogindero accused of the charges framed against them. However, Sarwan Kumar, the husband of the deceased, was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for three months. 7. The learned counsel for the appellant has taken us through the evidence on record. Surjit Singh PW.2, the real brother of the deceased resiled and stated on oath that in fact there was no demand of dowry articles or any amount and claimed that he did not make any statement before the police. He only got a message that his sister has set herself on fire and, therefore, he approached the house of her in-laws. Balbir PW.6 who got the marriage between Sarwan Kumar accused and the deceased arranged, did not support the prosecution version. Sadhu Ram Sarpanch and Fauja Ram witnesses who had joined the investigation were given up as won over on 4.3.1997. 8. Balbir PW.6 who got the marriage between Sarwan Kumar accused and the deceased arranged, did not support the prosecution version. Sadhu Ram Sarpanch and Fauja Ram witnesses who had joined the investigation were given up as won over on 4.3.1997. 8. So the evidence which remains on record is that of ASI Mela Singh PW.9 who claimed that he had recorded the dying declaration of the deceased wherein she had claimed that she had set herself on fire. She was fed up with the treatment meted out to her at the hands of the appellant-accused and his uncle and aunti. It is not understandable that how and why the uncle and aunti were concerned with the deceased in the presence of her father-in-law and mother-in-law. The Investigating Officer also recovered the stove and match- box and other connected articles from the place of the deceased. However, the witnesses as regards the alleged demand of valuable and infliction of acts of cruelty resiled and did not support the case of the prosecution. The demands had been of Rs. 3000/-, Rs. 2000/- and Rs. 500/- in a period of four years of marriage. Thereafter, the deceased made a second statement recorded by Judicial Magistrate Ist Class, Jalandhar, wherein she implicated the three persons i.e. her husband, uncle-in-law and aunti-in-law. The relations of the deceased were present before the leaned Judicial Magistrate reached the room of the deceased and they were asked to go out of the room before recording of the statement commenced. So in such circumstances the possibility that the deceased who already must be in pain and agony due to the burns suffered by her might have been pressurised by the relations to make the desired statement. It remains a fact that two dying declarations one recorded by the police officer and another recorded by the Judicial Magistrate, are totally different from each other. When there are different dying declarations and rather each of the dying declarations does not appear to be mentioning the correct picture to fit in the given circumstances, then the benefit of doubt has to go to the accused especially in the circumstances when the evidence of alleged maltreatment is actually missing and not produced on record. There is no instance of maltreatment of the deceased. Each case has its own facts and circumstances. There is no instance of maltreatment of the deceased. Each case has its own facts and circumstances. The situation presented by the prosecution in this case raises great doubts about the occurrence. The deceased herself has not mentioned anything specific that she was actually beaten by the husband or money was demanded for a specific purpose. She admittedly did not have any child. The real brother of the deceased Surjit Singh PW.2 has categorically stated that in fact there is no mal-treatment of his sister. There was never any demand of money nor any Panchayat was convened. The real brother of the deceased is not expected to resile from the facts and circumstances if they existed against the appellant. 9. So in the aforesaid situation, the prosecution has not been able to bring sufficient evidence on record to indict the appellant for the crime he has been charged with. We are, therefore, of the considered view that the appellant deserves the benefit of doubt. The appeal is allowed and the appellant is acquitted of the charges framed against him.