Mr. Kanwaljit Singh Ahluwalia, J. (Oral):- Boota Singh-appellant was named as an accused in a case FIR No. 127 dated 13.04.2001 registered at Police Station Kotwali Sangrur under Section 306 IPC. In the above said FIR, the case was tried by the Court of Additional Sessions Judge (Adhoc), Fast Track Court, Sangrur, which vide its judgment dated 19th December, 2002 found the appellant guilty of an offence punishable under Section 306 IPC and vide a separate order of even date sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year. Present appeal is directed against the conviction and sentence recorded by the Court below.

2. On 13th April, 2001, a ruqa Ex.PA was sent by the Medical Officer, Civil Hospital, Sangrur to the SHO, Police Station Sangrur. It was stated therein that Gurpreet Kaur wife of Boota Singh, resident of village Uppli has been brought in the hospital by her mother-in-law Dalip Kaur and others, with 90 percent burns. On receipt of the ruqa, ASI Surinder Kumar PW-7 reached at the Police Station, where he received another ruqa that Gurpreet Kaur has died. Thereafter, at the same time, i.e. on 13th April, 2001 at about 1.40 p.m. at the Civil Hospital, Sangrur, he recorded the statement of Darshan Singh PW-4, brother of deceased Gurpreet Kaur. The statement so recorded by ASI Surinder Kumar PW-7 was proved as Ex.PE. Darshan Singh PW-4 stated that he was a resident of village Chhajli and was working as a labourer in a brick kiln at Sunam. His younger sister Gurpreet Kaur was married with Boota Singh son of Kaka Singh alias Ram Singh, caste Majbhi resident of village Uppli. No child was born out of the said wedlock. Boota Singh was employed as a driver of the truck. He was addicted to liquor and used to go to his house every day under the influence of liquor. Sister of the complainant used to restrain her husband-accused Boota Singh from consuming alcohol, due to which there used to be an altercation between both of them. This fact was disclosed by the deceased sister to the complainant many times. On 12th April, 2001, complainant Darshan Singh along with his father Jang Singh had gone to meet Gurpreet Kaur to know her welfare. On that day also, the accused came late at his house after having consumed alcohol. In the presence of complainant and his father, the accused used foul language with his wife. In the next morning, i.e. on 13th April, 2001 the accused again went to the liquor vend and returned after having consumed alcohol. Under the influence of liquor, the accused gave beatings to his wife and also used abusive language. The complainant and his father restrained the accused, but the accused told to his wife that it would be better, if she finish herself. Thereafter, the accused went out while giving abuses. Being fed-up with the accused-husband Boota Singh, Gurpreet Kaur told the complainant that it would be better to die than to live such a life. At that time, it was about 9.30 a.m. The complainant along with his father was sitting inside the room when they felt smell of kerosene oil from outside the courtyard. They also saw the smoke coming out. When both of them came out, they saw that Gurpreet Kaur had caught fire. She was running towards the street while shouting ‘Bachao Bachao’. She was saying that she would finish the daily dispute. Gurpreet Kaur was brought to the Civil Hospital, Sangrur in a tractor-trolley. In the trolley, her mother-in-law Dalip Kaur and other residents of the village also accompanied her. The complainant and his father went to make a telephonic call to village Chhajli. Complainant’s sister Gurpreet Kaur was got admitted in the hospital by her mother-in-law Dalip Kaur.

3. The above said FIR was investigated and a report under Section 173 Cr.P.C. was submitted. The case was committed and entrusted to the Court of Additional Sessions Judge, S