Criminal Appeal No 221 of 1978
From the Judgment and Order dated 3031978 of the Punjab and Haryana High Court in Criminal Appeal No 252 of 1975
AN Mulla RL Kohli Harjinder Singh and RC Kohli for the Appellants
RS Sodhi for the Respondent
Judgment of the Court was delivered by BALAKRISHNA ERADI J This is yet another unfortunate instance of gruesome murder of a young wife by the barbaric process of pouring kerosene oil over the body and setting her on fire as the culmination of a long process of physical and mental harassment for extraction of more dowry
Whenever such cases come before the Court and the offence is brought home to the accused beyond reasonable doubt it is the duty of the Court to deal with it in most severe and 1223 strict manner and award the maximum penalty prescribed by the law in order that it may operate as a deterrent to other persons from committing such anti social crimes
Amandeep Kaur deceased was married to Avtar Singh who figured as the first accused in the case in the Sessions Court
Kailash Kaur the appellant is the mother in law of the deceased and Mahinder Kaur who figured as the third accused in the case is the sister of Avtar Singh
The hus band and his parents were allegedly unhappy about the quan tum of dowry brought by the deceased and she was being subjected to severe harassment and maltreatment with a view to extract more dowry from her parents
Exhibit PK is a letter written by the deceased to her father Avtar Singh PW 3 in which she has set out the details of the harass ment and maltreatment and expressed her grave apprehension that unless she was immediately taken back to the father s house her life itself was in imminent danger
On may 30 1974 in the evening
Kailash Kaur and Mahinder Kaur started quarreling with the deceased and severely abused and threat ened her
Thereupon the deceased went to her room and bolted its door from inside
Sometime later Avtar Singh husband of the deceased came to the house and started knocking at the door of the said room with great force because of which the door got unbolted
It would appear that after the door was opened Avtar Singh went away from the house
It is the prosecution case that immediately thereaf ter Mahinder Kaur caught hold of the deceased and Kailash Kaur appellant poured kerosene oil on her and set her on fire
The deceased started screaming on hearing which the people residing in the locality rushed to the house
Avtar Singh the husband also reached there in the meantime As she was engulfed in flames somebody put a blanket on Aman deep Kaur and extinguished the flames
Thereafter she was carried to the Civil Hospital Hoshiarpur
Dr Har Parkash Bhatia PW 2 who examined her sent information to the local police station on receipt of which Head Constable Naranjan Singh PW 7 went over to the hospital
The doctor sent everybody other than the Head Constable out of the room where the patient was lying
He told the deceased that he would put her questions about the cause of her death
On the basis of the questions put by the doctor Head Constable Naranjan Singh PW 7 recorded her statement on the basis of which formal First Information Report was lodged at Police Station Hoshiarpur
Amandeep Kaur expired on June 1 1974
At the trial the prosecution relied on exhibit PF3 the dying declaration made by the deceased Amandeep Kaur the letter exhibit PK writ 1224 ten by her to her father Atar Singh PW 3 and the evi dence of PW 3 wherein he stated that the appellant her son and daughter were dissatisfied about the quantum of dowry brought by Amandeep Kaur and on that account they had been torturing her
The learned trial Judge acting on the aforesaid evidence convicted Kailash Kaur and Mahinder Kaur of the offence under Section 302 IPC and acquitted Avtar Singh the husband accused giving him the benefit of doubt
Kailash Kaur and Mahinder Kaur carried the matter in appeal before the High Court of Punjab and Haryana
The High Court confirmed the conviction of the appellant herein namely Kailash Kaur but acquitted Mahinder Kaur giving her the benefit of doubt
Aggrieved by the said judgment the appellant has preferred this appeal before this Court after obtaining special leave
Notwithstanding the learned and persuasive arguments advanced before us by Shri AN Mulla Senior Counsel ap pearing on behalf of the appellant we find absolutely no merit in this appeal
There is no reason whatever not to act upon the dying declaration of the deceased wherein she has given a clear and vivid account of the pouring of kerosene oil over body and her being set on fire by the appellant
She had also implicated Mahinder Kaur as the person who held her while the kerosene oil was being poured on her body by the appellant
We have very grave doubts about the legality propriety and correctness of the decision of the High Court in so far as it has acquitted Mahinder Kaur by giving her the benefit of doubt
But since the State has not preferred any appeal we are not called upon to go into that aspect any further
In addition to the dying declaration there is also clear circumstantial evidence furnished by the fetter exhibit PK and the testimony of Atar Singh PW 3 father of the deceased regarding the demands for dowry and the harassment and torture inflicted on the deceased by the accused as part of the endeavour to extract more dowry
The dying declaration made by the deceased has the ring of truth and the testimony of the doctor PW 2 and of the Head Constable PW 7 clearly establishes that she was in a fit condition to make the statement
The conviction of the appellant by the High Court was therefore fully justified and there is absolute ly no ground for interference with the same by this Court
We only express our regret that the Sessions Judge did not treat this as a fit case for awarding the maximum penalty under the law and that no steps were taken by the 1225 State Government before the High Court for enhancement of the sentence
The appeal is accordingly dismissed
The bail bond of the appellant will stand cancelled and she will be taken into custody forthwith to serve out the remaining portion of her sentence
PSS Appeal dis missed


Summary:
The prosecution alleged that on the evening of May 30 1974 the appellant s daughter caught hold of the deceased and the appellant poured kerosene oil on her and set her on fire
On hearing deceased s screams the neighbours rushed to the house and extinguished the flames
Thereafter she was taken to the hospital where on the basis of questions put by the doctor PW 2 Head Constable PW 7 recorded her statement
She expired on June 1 1974
It was further alleged that the husband and his parents were unhappy about the quantum of dowry brought by the deceased and she was therefore being subjected to severe harassment and maltreat ment
In a letter written by the deceased to her father she had set out the details of the iII treatment meted to her and expressed grave apprehension that her life was in immi nent danger
The trial court convicted the appellant and her daughter of the offence under section 302 IPC acting on the dying declaration made by the deceased the letter written by her to her father and his evidence as to the demands for dowry and the torture inflicted on his daughter
The husband was given benefit of doubt and acquitted
The High Court confirmed the conviction of the appellant but acquitted the daughter giving her benefit of doubt
Dismissing the appeal the Court HELD 11
The conviction of the appellant by the High Court was fully justified
The dying declaration made by the deceased wherein 1222 she has given a clear and vivid account of the pouring of kerosene oil over her body and being set on fire by the appellant has the ring of truth
The testimony of the doctor PW 2 and the Head Constable PW 7 clearly establishes that she was in a fit condition to make the statement
There was therefore no reason whatever not to act upon it
1224D G 12
In addition there was also clear circumstantial evidence furnished by the letter written by the deceased to her father and the testimony of the father regarding the demands for dowry and the harassment and torture inflicted on the deceased as part of the endeavour to extract more dowry
1224F G 2
Whenever a case of gruesome murder of a young wife by the barbaric process of pouring kerosene oil over the body and setting her on fire as the culmination of a long process of physical and mental harassment for extraction of more dowry comes before the court and the offence is brought home to the accused beyond reasonable doubt it is the duty of the court to deal with the case in the most severe and strict manner and award the maximum penalty prescribed by the law in order that it may operate as a deterrent to other persons from committing such anti social crimes
1222H 1223A