The reliability of the testimony of a child witness and the evaluation of evidence in cases involving child witnesses.

SATISH KUMAR MITTAL, J.

1. This judgment will dispose of Criminal Appeal No. 593-DB of 1997, filed by the accused-appellants against their conviction and sentence and Criminal Revision No. 1043 of 1997, filed by the complainant for enhancement of sentence.

2. Accused Dalbir Singh, Karnail Singh, Gian Singh and Dalbiro have filed the present appeal against the judgment dated 7-8-1997, passed by Additional Sessions Judge, Sirsa, vide which they were convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00 each under Section 498-A/34 of the Indian Penal Code (hereinafter referred to as the Code). In default of payment of fine, the defaulting accused was ordered to further undergo rigorous imprisonment for three months. All the aforesaid accused were also convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000.00 each under Section 302/34 of the Code. In default of payment of fine, the defaulting accused was ordered to further undergo rigorous imprisonment for six months. However, the substantive sentences were ordered to run concurrently.

3. All the accused are interrelated, Balbir Singh is the husband of deceased Jasbir Kaur, Karnail Singh is the father, Gian Singh is the elder brother and Dalbiro is the sister of Dalbir Singh.

4. The prosecution was launched against the aforesaid accused on the basis of statement made by Mukhtiar Singh, father of the deceased Jasbir Kaur, to ASI Ram Kumar (P.W. 8) at 7.30 p.m. on 15-5-1995, who stated that his younger daughter Jasbir Kaur was married with accused Dalbir Singh about 8/9 years ago. After about four years of the marriage, the in-laws of his daughter, namely Karnail Singh, her father-in-law, Gian Singh, elder brother of her husband (Jeth) and Dalbiro, sister of her husband (Nanad), started demanding more dowry from the complainant. He used to give money to his daughter from time to time. In spite of that, they kept on demanding more and more dowry. They also used to harass his daughter for this reason. Accused Dalbir Singh and Karnail Singh used to consume liquor. About 15 days earlier, his daughter fell ill in village Bhavdeen and had come to his house. He got her medically treated. At that time, his daughter told him about the demand of Rs. 10,000.00 made by her in-laws. After some time she recovered and about four days back, his son-in-law Dalbir Singh came to his house and took his daughter and her children to his village Bhavdeen. Since at that time, the complainant was not having Rs. 10,000.00 with him, therefore, he told his daughter and her husband that he would give the amount as and when the same would be available with him. On 15-5-1995, he along with Trilochan Singh Sarpanch of Village Bahbalpur came to Village Bhavdeen to give the amount of Rs. 10,000.00 to his daughter Jasbir Kaur. When he reached the village at 9.00 a.m., he came to know that his daughter Jasbir Kaur was admitted in Government Hospital. Sirsa, because of burn injuries. Therefore, he along with the aforesaid Tirlochan Singh came to Government Hospital, Sirsa and found his daughter lying in a burnt condition. He asked her about the cause of burn injuries, whereupon she told him and Tirlochan Singh Sarpanch that in the morning at about 7 a.m. her husband Dalbir Singh. Jeth Gian Singh caught hold of her, her father-in-law Karnail Singh sprinkled kerosene oil upon her and her Nanad Dalbiro set her on fire with the help of a match box stick, for not bringing Rs. 10,000.00 as demanded by them. Thereafter, her husband Dalbir Singh brought her to the Civil Hospital, Sirsa and got her admitted there. The complainant further stated that his daughter has expired in the Hospital due to the aforesaid burn injuries and that she has been murdered by the accused by setting her on fire. Therefore, action be taken against them.

5. On the basis of the aforesaid statement, formal FIR bearing No. 70 was registered at 8.40 p.m. on 15-5-1995 un