The conviction of an accused person for an offense under Section 498A, IPC, is illegal in the absence of a charge framed against him for the said offense.

Surinder Singh, J.

1. This judgment will dispose of the present Appeal (Criminal Appeal No.85-SB of 1985) and the connected Criminal Revision No.470 of 1985, as both emanate from the same judgment of the Sessions Judge, Jullundur.

2. Balbir Singh appellant was convicted by the Sessions Judge, Jullundur under sec. 498-A of the Indian Penal Code, and was sentenced to three years Rigorous Imprisonment and a fine of Rs.1,000.00 , in default of payment of fine to undergo further Rigorous Imprisonment for six months. The appellant was, however, acquitted of the charge under sec. 306, Indian Penal Code. The mother of Balbir Singh, namely, Pritam Kaur was also tried along with him for the charge under sec. 306, Indian Penal Code, but she was acquitted of the said charge. Criminal Appeal No.85- SB of 1985 has been filed by Balbir Singh with a view to impugn his conviction and sentence aforesaid. Criminal Revision No.470 of 1935, on the other hand, has been preferred by Santokh Singh complainant, with a prayer that the acquittal of Balbir Singh under sec. 306. Indian Penal Code, be set aside, in other words he should be punished for the said offence. At the motion Stage in the Revision petition, notice was issued only in regard to compensation to be paid to the heirs of the deceased and the Revision petition was ordered to be heard along with the Appeal filed by Balbir Singh.

3. The prosecution version as depicted by Santokh Singh (P. W.2), deceaseds sisters husband, in the First Information Report lodged by him is that the marriage between Balbir Singh appellant and Parminder Kaur alias Pammi deceased was solemnised three or four years before the occurrence. About four months prior to the occurrence, Parminder Kaur was beaten by the appellant and his mother as a result of which she suffered some fracture of the right wrist and the left ankle. Parminder Kaur went and complained about the maltreatment of the two accused to her sisters husband Santokh Singh P. W. , i e. the informant. It was alleged that the said Santokh Singh made a verbal complaint to Gurcharan Singh Sarpanch of the village and after both the accused were called by the Panchayat, Parminder Kaur was asked to go to the house of her parents for a month and thereafter the appellant was to go there and bring her back. It is stated that the appellant did go to the house of his in-laws after about a month but he abused his in-laws and took away his minor son aged two years with him. Santokh Singh P. W, claims to have made another complaint to the Village Panchayat in which the father of the appellant apologised. Thereafter, Parminder Kaur was brought from the house of her parents to that of the appellant. However, the allegation goes that both the accused again gave a beating to Parminder Kaur, but the matter was got settled by the Panchayat.

4. As regards the actual occurrence, it is alleged that on July 11, 1984 while Santokh Singh P. W. was present at his house, he learnt from some small children that Parminder Kaur had burnt herself. He went to the house of the, accused and found Parminder Kaur lying on the floor with burns all over her body. According to Santokh Singh, he put off the fire with the help of gunny bag but Parminder Kaur died almost simultaneously. Santokh Singh then left for the Police Station to lodge a report. On the way, near the fountain crossing at Nakodar, he met Assistant Sub Inspector Harbhajan Singh before whom he made a statement Exhibit PD at 7. pm. on that date. Formal First Information Report was registered at Police Station Nakodar on the basis of the said statement at 7.05 p. m. The Assistant Sub Inspector went to the place of occurrence and carried out the usual formalities of investigation. The appellant was said to have been arrested on July 17, 1984 by Assistant Sub Inspector Jagjit Singh. Two days later, i. e. on July 19, 1984 Asha Rani sister of the deceased produced a letter allegedly received by her from the deceased, which was