Judgement

JUDGMENT :- In these appeals by special leave, Balwant Singh and his mother Nishan Kaur are the appellants who have been sentenced to undergo 7 years rigorous imprisonment under S. 304-B, I.P.C. The victim Manjit Kaur was married to the appellant-Balwant Singh on 6th of December, 1986. According to the case of the prosecution, on 25th March, 1990, Manjit Kaur was brought to the hospital in a precarious condition having suffered serious burn injuries. Soon thereafter she succumbed to her injuries. Mohinder Singh (P.W. 6) the father of the deceased on receiving information came to Ludhiana and lodged the First Information Report on 26th of March, 1990. After investigation, the appellants herein as well as Gurcharan Singh brother of appellant No. 1 and Gurpreet Kaur wife of Gurcharan Singh were put up for trial before the Additional Sessions Judge, Ludhiana, in Sessions Case No. 98 of 30th July, 1990.

2. The trial Court while acquitting Gurcharan Singh and Gurpreet Kaur of the charge levelled against them found the appellants herein guilty of the offence punishable under S. 304-B, I.P.C. and sentenced them as noticed above. Aggrieved by the judgment and order of the trial Court the appellants herein preferred two appeals, namely Criminal Appeal No. 436-SB of 1991 and Criminal Appeal No. 59-SB of 1992. The State of Punjab also filed a criminal appeal against the acquittal of Gurcharan Singh and his wife Gurpreet Kaur. A criminal revision was also filedby Mohinder Singh (P.W. 6) the father of the deceased, against the acquittal of Gurcharan Singh and Gurpreet Kaur. The High Court dismissed the appeals preferred by the appellants and also the criminal appeal and the criminal revision preferred by the State and the informant respectively.

3. The case of the prosecution is that the marriage of appellant No. 1-Balwant Singh with Manjit Kaur took place on 6th December, 1986. According to Mohinder Singh (P.W. 6), about one month after the marriage, he went to meet his daughter when it was reported to him by his daughter that her husband Balwant Singh was beating, maltreating and harassing her and was demanding that she should bring a scooter from her parents in dowry. According to the informant Mohinder Singh (P.W. 6), he tried to persuade Balwant Singh not to maltreat his daughter with the promise that he would fulfill the demand, but unfortunately that had no effect on him. According to him, about 2-4 months after the marriage he brought his daughter to his house and thereafter she remained with him for about one and a half years. According to the informant, he visited the house of Balwant Singh on several occasions with the request that they should bring back his daughter to the matrimonial home, but they paid no beed to the requet. A demand was made for a sum of Rs. 20,000/-. Ultimately, it was the appellant-Balwant Singh who brought a Panchayat to his house and on their intervention the informant sent his daughter with appellant-Balwant Singh. It was then agreed in the Panchayat that the informant will pay to Balwant Singh a sum of Rs. 20,000/- in installments. According to the informant, he again went to the house of the appellant-Balwant Singh two months later when he was told by his daughter Manjit Kaur the deceased that the appellant-Balwant Singh had been beating and maltreating her. In these circumstances he arranged a sum of Rs. 5,000/- and paid it to Balwant Singh in the presence of Gurcharan Singh and Nishan Kaur.

4. On 25th March, 1990, P.W. 6 was informed by Gulshan Rai who was employed at the Loco Shed, Ferozepur, that he had received a telephonic message from Ludhiana to the effect that the in-laws of Manjit Kaur had poured kerosene oil on her and set her on fire. He was also told that Manjit Kaur was admitted in CMC Hospital, Ludhiana, with burn injuries. He, therefore, along with his cousin Darshan Singh (P.W. 9) immediately rushed to the CMC Hospital, Ludhiana, reaching there at about 9 a.m. on 26th March, 1990