IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 05.09.2025 Pronounced on:- 27.10.2025 Ved Parkash and others ....Appellants Versus State of Haryana ....Respondent CORAM:- HON’BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. R.S. Cheema, Senior Advocate assisted by Ms. Sumanjit Kaur, Advocate, Mr. Satish Sharma, Advocate and Mr. Prince Bharol, Advocate for the appellants No. 1 and 2.

Proceedings qua appellant No. 3 Sunil Kumar stood abated.

Mr. Ayuwan Singh, AAG, Haryana.

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AMARJOT BHATTI, J.

1. Appellants/convicts Ved Parkash, Jagdish and Sunil Kumar have filed aforesaid appeal against judgment of conviction and order on quantum of sentence dated 23.12.2000 passed by learned Sessions Judge, Bhiwani in Sessions Case bearing No. 42 dated 26.10.1998, titled as “State Vs. Ved Parkash and others” in FIR No. 312 dated 06.06.1998 under Section 498-A, 304-B of Indian Penal Code, 1860 (for short ‘IPC’) registered at Police Station City Bhiwani, District Bhiwani vide which appellants were sentenced as under :-

Name of Convict(s) Offence U/s Sentence

1. Ved Parkash 304-B of IPC To undergo Rigorous Imprisonment for a period of 10 years each

2. Jagdish

3. Sunil Kumar

1. Ved Parkash 498-A of IPC To undergo Rigorous Imprisonment for a period of two years each, with a fine of

2. Jagdish Rs. 500/- each and in default of payment of fine, further undergo for a period of

3. Sunil Kumar three months each

2. As per the facts of case, on 12.05.1998, a rukka alongwith MLR regarding admission of Suman wife of Sunil Kumar with history of burn injuries in General Hospital, Bhiwani was received from Police Post, City Bhiwani. On this, SI Mohan Lal the Investigating Officer moved application for recording statement of victim. Statement under Section 164 Cr.P.C. was recorded on 12.05.1998 by the then Judicial Magistrate, Bhiwani, after victim Suman was declared fit to make statement by doctor. In her statement, victim Suman stated that her husband returned home at about 11:30 pm on 11.05.1998. All other family members were sleeping. She was warming food for her husband on a stove. Kerosene oil leaked from said stove and it caught fire, as a result, she also suffered burn injuries. Her husband poured water on her body to extinguish fire. She did not level allegations against anyone. It was a case of accidental burns suffered by the victim. Accordingly, report was made in daily diary register, as no cognizable offence was made out from the statement of injured Suman.

Thereafter, injured Suman was referred to Medical College and Hospital, Rohtak for treatment. On 16.05.1998, on police request, the then Judicial Magistrate, Rohtak again recorded statement of victim Suman under Section 164 Cr.P.C. In said statement, victim alleged that her husband and his brothers used to harass her for bringing more dowry. In spite of giving money by her brother by raising loan, they used to harass her for more money. On the day of occurrence, a quarrel took place with her husband and her husband gave beatings to her. During night time, at about 11:00-11:30 pm, her husband and his two brothers namely Jagdish and Ved Parkash brought her in the courtyard of the house. Her husband poured kerosene on her and both brothers-in-law caught hold of her from her arms. Thereafter, her husband set her on fire, due to which she became unconscious. When she regained consciousness, she found herself in the hospital. She further alleged that her husband came in hospital and threatened her that if she made any statement against him, then he would set her two children on fire. Accordingly, under threat she gave statement as told by her husband. Thereafter, her parents told her to tell the truth. Her children were also safe with her parents, and she got her statement recorded.

3. On the basis of aforesaid statement, formal FIR was registered against accused persons and case under Section 307, 498-A read with Section 34 of IPC was registered. During investigation, rough site plan of place o