Criminal Appeal No.165-DB of 2006 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Sanjiv Kumar and others APPELLANTS VERSUS The State of Punjab RESPONDENT CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL HON'BLE MR.JUSTICE L.N.MITTAL Present:- Shri Preet Inder Singh Ahluwalia, Advocate for the appellants. Shri S.S.Gill, Additional A.G. Punjab assisted by Shri Parminder Singh, Advocate. MEHTAB S.GILL, J. This is an appeal against the judgment/order dated 6.2.2006 of the learned Additional Sessions Judge, Patiala whereby he convicted Sanjiv Kumar under Sections 304-B/34 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/-, or in default, to further undergo RI for 2 years. Ajmer Lal and Amar Kaur were also convicted under Sections 304-B/34 I.P.C. and sentenced to undergo RI for 10 years and to pay a fine of Rs.5000/-, or in default, to further undergo RI for 2 years. Sanjana Rani was convicted under Sections 304-B/34 I.P.C. and sentenced to undergo RI for 7 years and to pay a fine of Rs.2000/-, or in default, to further undergo RI for one year. Rajni alias Rozy and Dayal Chand both were acquitted by the learned trial Court and no appeal has been filed against their acquittal by the State. Criminal Appeal No.165-DB of 2006 -2- The case of the prosecution is unfolded by the statement of Sher Singh Ex.PA, given to SI Tejinder Singh on College Road near R.K. Public School on 28.10.2002 at 6.30 a.m. Sher Singh stated, that he is a Tractor Mechanic at Karnal. He has five children, three sons and two daughters. On 14.4.2000 he performed the marriage of Kiran Bala with Sanjiv Kumar son of Ajmer Singh resident of Dera Bassi. After some time, the in-laws of Kiran Bala started ill- treating her, stating that she had brought less dowry at the time of marriage. About 1-1/2 years after the marriage, Kiran Bala gave birth to a male child. When she went back from the house of Sher Singh she was given gifts as per the custom. After about 4/5 months of sending her back after the birth of the male child, Kiran Bala wrote a letter to her parents that all the members of the family and relatives of her husband were taunting her for getting less dowry. In the letter/letters it was written that her husband and the members of the family of her in-laws were demanding one car or Rs.1,50,000/-. Sher Singh at the time of marriage had given dowry and gifts according to his means. About 4/5 days before the occurrence Sher Singh's son Ravinder Kumar had gone to Dera Bassi to bring Kiran Bala back. In the presence of his maternal uncle Dayal, Sanjiv Kumar and other members of his family Sanjiv Kumar demanded Rs.50,000/- so that he could marry his sister, which was to take place on 22.11.2002. He further stated that it is only thereafter when the amount is paid, he would allow Kiran Bala to to go to her parents' house. Ravinder Kumar came back and told everything to his father and mother. On 28.10.1002 at 2.30 a.m. Sher Singh's brother-in-law Puran Chand resident of Dera Bassi sent a telephonic message that Kiran Bala had been burnt and killed by her in-laws on 27.10.2002 at about 11.30 p.m. Sher Singh along with his two sons Ravinder Kumar, Satish Kumar and Shiv Lal and Vinod Kumar went from Karnal to Dera Bassi. When they reached the house of Kiran Bala, they came to know that kerosene oil had been sprinkled on her by her husband Sanjiv Kumar, her father-in-law Ajmer Singh, her mother-in-law Amar Kaur @ Amro, her sister- Criminal Appeal No.165-DB of 2006 -3- in-law Ranjna and Rosy and maternal uncle Dayal she was burnt to death. On the basis of this statement, F.I.R. Ex.PA/3 was recorded on 28.10.2002 at 6.40 a.m. at Police Station Dera Bassi. Special Report reached the J.M.I.C., Rajpura on 28.10.2002 at 1.45 p.m. The prosecution to prove its case, brought into the witness-box Ajit Singh PW-1, Shamsher Verma PW-2, Sher Singh PW-3, Sumitra Devi PW-4, Krishan Chand Bansal PW-5, Dr.D.S.Bhullar PW-6, Ravinder Kumar PW-7 and SI Tejinder Singh PW-8. The defence to prove their case, produced Dharam Chand DW-1, Pardesi Lal DW-2, Chhinder Singh DW-3, Bala Ram DW-4, Tarlok Nath DW-5, Dev Raj DW-6, Jaswant Rai Ahlamad DW-7 and Anil Kumar Bhasin DW-8. Learned counsel for the appellants has argued, that the information was given to Sher Singh PW-3 on 28.10.2002 at 2.30 a.m. about the death of Kiran Bala whereas the occurrence had taken place on 27.10.2002 at 11.30 p.m. Nothing has come on record as to what prompted Puran Chand for not giving this information to Sher Singh PW-3 and other members of his family on 27.10.2002 itself. It is thereafter that Sher Singh along with Ravinder Kumar, Moti Ram, Shiv Lal and Vinod Kumar reached the house of Kiran Bala and it is there that they came to know about the burning to death of Kiran Bala, by her in-laws. F.I.R. Ex.PA/3 came into existence on 28.10.2002 at 6.40 a.m. There is an unexplained delay of 7 hours, coupled with the special report reaching the J.M.I.C., Rajpura on 28.10.2002 at 1.45 p.m. The special report reached after approximately 14 hours. F.I.R. Ex.PA/3 is ante-timed as the distance between Police Station Dera Bassi and Rajpura is not more than 15 to 18 kms. If the F.I.R. had been recorded on 28.10.2002 at 6.40 a.m., then it should have been in the safe hands of the J.M.I.C., Rajpura by 8.30 a.m. on 28.10.2002. In fact, this time was being utilised by the complainant party to build up a false story and to falsely implicate the whole family. Criminal Appeal No.165-DB of 2006 -4- To come to the truth, it was essential for the prosecution to get into the witness-box Shiv Lal, Vinod Kumar and Satish Kumar. They have been given up by the prosecution as unnecessary. They were the best witnesses to corroborate the statement of Sher Singh PW-3, as they had allegedly accompanied Sher Singh to the house of Kiran Bala. Letters Exs.PB/1, PC, PD and PE which are dated 15.1.2002, 28.2.2001, (Ex.PD and PC having no date), are fabricated pieces of evidence. Prosecution has not got any evidence on record to show that these letters were in the handwriting of the deceased. All these letters have been written 8 to 10 months prior to the occurrence. If such desperate letters were coming from the side of deceased Kiran Bala, the mother and father of Kiran Bala would have immediately convened a meeting of the respectables, so that her in-laws could be convinced not to ill-treat their daughter. It has come in the evidence of the Investigating Officer SI Tejinder Singh that these letters were given to him after one month of the occurrence. The letters do not have any envelopes, nor are they stamped. Appellant Sanjna Rani, the sister-in-law of the deceased was married in the year 1998. No specific role was attributed to her. She stayed not in the house of her parents, but with her husband in Haryana. Three children were born to her, the youngest being 3 years of age. She was leading a happy married life, but disaster fell on her after she was falsely implicated in this case. The Investigating Agency found her innocent, but it was the learned trial Court who summoned her under Section 319 Cr.P.C. No specific role has been attributed to Sanjna Rani in the F.I.R. Ex.PA/3 and also in the statements of Sher Singh PW-3, Sumitra Devi PW-4 and Ravinder Kumar PW-7. Ajmer Lal father-in-law of the deceased suffered 30% burns on his person. He, in fact, tried to save the life of the deceased. If he had set Kiran Bala on fire after pouring kerosene oil on her as alleged, there was no need for him then to try and extinguish the fire. By the burn injuries on his person, it is clear that he made an attempt to save the life of Kiran Criminal Appeal No.165-DB of 2006 -5- Bala. Ajmer Lal was working in Chandigarh. He was a government servant and he knew the consequences of maltreating and mistreating a daughter-in-law. Similarly, no specific role has been attributed to Amar Kaur, nothing has been said in the statements of the witnesses regarding her role and she in fact in her old age has unnecessarily been roped in. Appellant Sanjiv Kumar also did not commit the offence, as nothing has come on record as to when and where he demanded dowry. It is only on the basis of the letters the learned trial Court has convicted him. Learned counsel for the State has argued, that the letters are consistent. The letters were received by Kiran Bala's family stating her plight in her in-laws' house, but as all the parents want that the matrimonial life of their daughter should be saved, they also tried that the matrimonial life of Kiran Bala should succeed, and thus did not interfere. Though there are contradictions in the statements of the witnesses, they are immaterial in nature. Getting Shiv Lal, Vinod Kumar and Satish Kumar into the witness-box would have only added to the quantity and not quality. The statements of deceased's father Sher Singh PW-3, mother Sumitra Devi PW-4 and brother Ravinder Kumar PW-7 are consistent. They corroborate each other on the demand of dowry and Kiran Bala being put to death by the appellants by burning her alive. The F.I.R. in fact, is very prompt wherein all the appellants have been named. We have heard the learned counsel for the parities and perused the record with their assistance. It has come in the evidence that Puran Chand informed Sher Singh PW-3 about the death of his daughter Kiran Bala in Dera Bassi on 28.10.2002 at 2.30 a.m. When Sher Singh PW-3 along with his son Satish Kumar, Vinod Kumar and Shiv Lal reached Dera Bassi, it is then they came to know that Kiran Bala had been burnt. Sher Singh PW-3 in his statement before the Court has stated, that he along with his brother-in-law Shiv Lal, his son Ravinder Kumar and Satish Kumar and one Vinod Kumar went to Dera Bassi. There they learnt that Kiran Bala had Criminal Appeal No.165-DB of 2006 -6- been burnt by pouring kerosene oil, by her husband Sanjiv Kumar, her father-in- law Ajmer Singh, her mother-in-law Amro and other family members. It is very material for the prosecution to put before the Court evidence as to who told them that it were the appellants who had burnt Kiran Bala for the demand of dowry. No witness has come into the witness-box to state as to who told Sher Singh PW-3 about the way the occurrence had taken place. Further, it is strange as to why Puran Chand brother-in-law of Sher Singh PW-3 who had given the first information about the death of Kiran Bala, was not brought into the witness-box. Neither Satish Kumar, nor Vinod Kumar brother of the deceased have been brought into the witness-box. These witnesses have been given up as being unnecessary. These witnesses, in fact, were very material to prove the case of the prosecution. They were the one who would have corroborated the statement of Sher Singh PW-3, as to when they reached the place of occurrence, what did they see and what did they hear from the people of locality as regards the occurrence. Learned counsel for the appellants has rightly argued that no specific role has been attributed to Ajmer Singh father-in-law, Amar Kaur mother-in-law and Sanjna Rani sister-in-law of the deceased. The delay in sending the Special Report to the J.M.I.C., Rajpura is significant when we take the above facts and aspects of the case into consideration. Occurrence had taken place on 27.10.2002 at 11.30 p.m. and the special report reached the J.M.I.C., Rajpura on 28.10.2002 at 1.45 p.m. i.e. after a delay of 14 hours. The distance between Police Station Dera Bassi and Rajpura is only 18 to 20 kms. F.I.R. Ex.PA/3 in this case seems to be ante-timed. It was not recorded at 6.40 a.m., but sometime after 10 a.m. on 28.10.2002. During this time the complainant party was consulting and indulging in confabulations as to whom to rope in and falsely implicate. Dr.D.S.Bhullar PW-6 who prepared the post-mortem report Ex.PG, has stated, that on 28.10.2002 he conducted the post-mortem on Kiran Bala. He Criminal Appeal No.165-DB of 2006 -7- did not find any injuries on her person, but he stated that she died because of shock due to burns which were ante-mortem in nature and were sufficient to cause death. If we take it that all the appellants played a part in the burning to death of Kiran Bala, there would have been a struggle and some sort of injury marks on her body. As there has been no struggle or any injury mark, it shows that it is the work of a single person i.e. appellant Sanjiv Kumar, who after pouring the kerosene oil on Kiran Bala lighted the kerosene oil with a match stick. The medical evidence does not corroborate the ocular account with regard to the number of persons present at the time of occurrence. Letters Exs.PB/1, PC, PD and PE though very lengthy, do not have any stamps, though Sher Singh PW-3 has stated that they were sent in envelopes, but the same have not been placed on record. He has stated, that the original letters and the envelopes were given after 1 to 1-1/2 months of the occurrence, but no explanation is coming from Sher Singh PW-3 or the Investigating Officer SI Tejinder Singh PW-8 as to why these letters were taken into custody after such a long time. Nothing has come on record to compare the handwriting showing that the letters were genuinely of Kiran Bala and they were not fabricated. Nothing has come from the prosecution side as to who delivered these letters, as they have not been sent by post. Sher Singh PW-3 after seeing the judicial file stated that there is no envelope on record. He did not state anything as to when the panchayat was convened. Shiv Lal, Vinod Kumar and Satish Kumar were never brought into the witness-box. The letters in fact, are fake. Sanjna Rani was married in the year 1998. As already discussed above, no specific role has been attributed to her. She has given birth to 3 children, the youngest being of 3 years of age, and she was living separately at the time of occurrence. As per the statement of the Investigating Officer SI Tejinder Singh PW-8, she was found innocent during investigation, but was summoned by Criminal Appeal No.165-DB of 2006 -8- the Court under Section 319 Cr.P.C. Similarly, no role has been attributed to Ajmer Lal and Amar Kaur, father-in-law and mother-in-law respectively of the deceased. In fact, appellant Ajmer Lal suffered 30% burn injuries. It seems at the time when Kiran Bala had been set on fire by appellant Sanjiv Kumar, it is Ajmer Lal who came forward to save her and in the process suffered burn injuries. If Ajmer Lal had set Kiran Bala on fire along with appellant Sanjiv Kumar, then there was no need for him to try to extinguish the fire. We are of the considered opinion that appellants Sanjna Rani, Ajmer Lal and Amar Kaur have been unnecessarily roped in. They are given the benefit of doubt and acquitted of all the charges. If in custody, they be set free forthwith, if not needed in any other case. The case of appellant Sanjiv Kumar falls on a different footing. He has been clearly named by Sher Singh PW-3 and Sumitra Devi PW-4 that he demanded Rs.1,50,000/- or a maruti car. He did not make any effort to save his wife Kiran Bala, as his father Ajmer Lal tried to do so. He is guilty of the offence under Sections 304-B/34 I.P.C. However, the sentence of appellant Sanjiv Kumar seems to be on the higher side. We reduce his sentence from life imprisonment to 14 years RI. Appeal is allowed qua appellants Ajmer Lal, Amar Kaur and Sanjna Rani, but is dismissed qua appellant Sanjiv Kumar apart from modification in his sentence. ( MEHTAB S.GILL ) JUDGE ( L.N.MITTAL ) January 31, 2009 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO Criminal Appeal No.165-DB of 2006 -9-