Mr. Kanwaljit Singh Ahluwalia, J.: - Present appeal has been filed by Balkish Begum alias Babbu wife of Ishwar alias Pappy. She was named as an accused in case FIR No.269 dated 07.07.2000 registered at Police Station Kotwali Sangrur under Section 306 IPC. It was alleged by the prosecution that on 6th July, 2000 at about 11.00 a.m., one Vicky had committed suicide and the appellant had abetted its commission by instigating said Vicky to commit suicide and thus, the appellant committed an offence punishable under Section 306 IPC. The appellant was tried by the Court of Additional Sessions Judge, Sangrur, which vide its judgment dated 8th October, 2001, held the appellant guilty of an offence punishable under Section 306 IPC and vide a separate order of even dated sentenced her to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.1,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.

2. To notice the broad contours of prosecution case, it will be necessary to give the gist of prosecution evidence.

3. Dr. Balwinder Singh PW-1, who was posted as a Medical Officer on 6th July, 2000 in Civil Hospital, Sangrur, at about 11.30 p.m had sent a ruqa Ex.PA to SHO Police Station Sangrur, wherein he stated that Vicky son of Babu Ram was admitted in the hospital with a history of approximately 60 per cent burns and smell of kerosene oil was present. It was further stated that Vicky was brought by his father. On the same day, ASI Ajit Singh PW-9 submitted an application and sought opinion of the doctor regarding fitness of Vicky. Vide Ex.PB, the doctor opined that Vicky was not fit to make statement. On the night of 6th July, 2000, Vicky was taken from Civil Hospital, Sangrur to Rajindra Medical College and Hospital, Patiala. On the next day, i.e. 7th July, 2000, ASI Ajit Singh PW-9 reached Rajindra Medical Collage and Hospital, Patiala and moved an application Ex.PW9/A and sought opinion of the doctor regarding fitness of injured Vicky. Dr.Rupinder on 7th July, 2000 at about 2.35 p.m. vide Ex.PW9/B stated that patient Vicky was fit for statement. Thereupon, ASI Ajit Singh PW-9 recorded statement Ex.PW-9/C of injured Vicky, which was attested by his father Babu Ram. The statement so recorded, after translation, has been reproduced in the impugned judgment and the same reads as under:

“That he is resident of the address given above i.e. Sunamigate, Sangrur and labourer. For the last 5-6 months, he developed love affairs with Babbu wife of Ishwar alias Pappy son of Mangat Ram, who resides in the Chobara of the house of Ganga Sahai son of Tota Ram, Dhurigate, Sangrur, as tenant. He often used to meet Babbu in the absence of said Pappy and used to spend his entire earnings to meet her demands. She used to say that she would marry him and does not like Pappy i.e. her husband. During the last 15-20 days, he was short of money and as such could not meet her demand and due to this reason, she started thinking bad of him. Yesterday i.e. on 6.7.2000 at about 11.00 a.m., he went to the rented house of Babbu to meet her and she met him in her room and said to him that in case he cannot live without her then both of them may die after putting kerosene oil on their bodies and setting it on fire. He agreed with it and asked her to bring kerosene oil and match box from the kitchen. Both of them sprinkled kerosene oil on their clothes, but she asked him to set himself on fire first and stated that she would set herself on fire afterwards. On this, he set his clothes on fire with match stick, but she i.e. accused ran inside the room and locked the door. His clothes caught full fire and he jumped into the courtyard from the roof top and then fell down in the street and became unconscious. Now he has learnt that his father Babu Ram got him admitted in Civil Hospital, Sangrur from where the Doctor referred him here i.e. Rajendra Hospital, Patiala. He set himself on fire after sprinkli