IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Appeal No. 443-DB of 2005 Dated of Decision:- January 31, 2009 Bachittar Singh 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:- Sh. A.K.Kalsy, Advocate for the appellants. Sh. S.S.Gill, Addl. Advocate General Punjab. ------ MEHTAB S.GILL, J. This is an appeal against the judgment dated 28.4.2005/3.5.2005 of the learned Sessions Judge, Jalandhar, whereby he convicted Bachittar Singh son of Lachhman Singh, Bhupinder Singh son of Bachittar Singh and Palwinder Kaur alias Prema wife of Bachittar Singh under Sections 302 and 304-B IPC and sentenced them to undergo R.I. for life and to pay a fine of Rs. 5,000/- each under Section 302 IPC, in default to further undergo R.I. for one year. Further he has stated that since the accused/convicts have been sentenced under Section 302 IPC, no separate sentence has been awarded under Section 304-B IPC. 2 The case of the prosecution is unfolded by the statement Ex.PQ of Jasbir Kaur (Deceased) given to Tara Chand ASI at 7.30 p.m. on 19.1.2002. Jasbir Kaur stated that she was a resident of Mohalpur and was married to Bhupinder Singh son of Bachittar Singh about 5-6 years before the occurrence. She had a son, namely Simranjit Singh aged about 4 years. Her parents had given sufficient dowry at the time of her marriage, but her husband Bhupinder Singh, monther-in-law Palwinder Kaur and father-in- law Bachittar Singh used to taunt her for bringing insufficient dowry and also used to beat her up. She informed her parents many a times. Her father and brother Parminder Singh and respectables of the village, namely Randev Singh Sodhi, Sarpanch of Village Gehlran, Manjit Singh, Bhagwan Singh and other persons had come to the village and asked her mother-in- law, father-in-law and her husband not to harass her and not to demand dowry, as her parents were very poor. Her in-laws agreed in the presence of the panchayat. After they left, they started the usual harassment and physical torture. About one week earlier to the occurrence, her mother-in- law, father-in-law and her husband gave her beatings. She informed Bhagwan Singh on the phone, who informed her parents and her maternal uncle. Jasbir Kaur’s maternal uncles Manjit Singh, Paramjit Singh and Bhagwan Singh came to her in-laws’ house and asked her husband, mother- in-law and father-in-law not to harass her. They said that they want to take Jasbir Kaur to her parental house. Her father-in-law did not allow her to go. On 19.1.2002 at about 10.00 a.m., Jasbir Kaur’s mother-in-law, father-in- law and husband beat her up and thereafter poured kerosene oil and set 3 her ablaze. Her maternal uncle Manjit Singh was informed by some one regarding the occurrence, who came to her house and found her admitted in Civil Hospital, Kala Bakra. On the basis of this statement of deceased Jasbir Kaur, FIR Ex.PQ/2 was registered on 19.1.2002 at 8.00 p.m. at Police Station Bhogpur and the special report reached the Duty Magistrate on 20.1.2002 at 2.00 a.m. In the police proceedings Ex.PQ/1, Tara Chand ASI has stated, that he received a medical chit No.1, dated 19.1.2002 from Civil Hospital, Kala Bakra that Jasbir Kaur w/o Bhupinder Singh was under treatment with burn injuries. He along with Bhagat Masih ASI, HC Harbans Lal, SPO Ashwani Kumar reached Civil Hospital, Kala Bakra and sought the opinion of the doctor, who opined that Jasbir Kaur injured was fit to make a statement. It being a case of burning, Tara Chand ASI thought that it was fit and prudent to have the statement recorded by a magistrate. Tara Chand ASI then went to Jalandhar, where he requested Sh. D.K.Mittal, JMIC, Jalandhar, who was on duty on that day, to come to Civil Hospital, Kala Bakra to record the statement of Jasbir Kaur. Sh. D.K.Mittal, JMIC reached Civil Hospital, Kala Bakra and recorded the statement of Jasbir Kaur in the presence of the doctor. Tara Chand ASI requested the JMIC to supply a copy of the statement, but he stated that he should obtain it from the Court as per rules. Statement of Jasbir Kaur was read over to her after recording it. After having admitted it to be correct, she put her right thumb impression underneath her statement. 4 Firstly, FIR was recorded under Sections 307/34 IPC. Jasbir Kaur died on 20.1.2002 at 10.15 a.m. and thereafter offence was converted into Sections 302 and 304-B IPC. Tara Chand ASI recorded the statement of Jasbir Kaur as already given above at 7.30 p.m., which formed the basis of FIR Ex.PQ/2, while Sh. D.K.Mittal, JMIC, Jalandhar recorded her statement earlier i.e. 5.30 p.m. The prosecution to prove its case brought into the witness box, Dr. Bhag Mal PW1, Dr. Baldev Singh PW2, Sh. D.K.Mittal, JMIC, Jalandhar PW3, Dr. Navpreet Kaur PW4, Dr. N.K.Duggal PW5, Constable Balwinder Singh PW6, Kapil Dev PW7, Parminder Singh PW8, Manjit Singh PW9, ASI Tara Chand PW10, Manohar Singh PW11 and SI Darshan Singh PW12. In defence, the accused examined Dr. Baldev Singh DW1, Dr. Raj Kumar DW2 and Dharam Pal DW3 in defence. Learned counsel for the appellants has argued, that the dying declaration Ex.PF/3 given before Sh. D.K.Mittal, JMIC, Jalandhar PW3 does not inspire confidence, nor does dying declaration Ex.PQ, given to Tara Chand ASI PW10, on the basis of which FIR Ex.PQ/2 was registered. In his statement before the Court, it comes out that the learned magistrate Sh. D.K.Mittal PW3 did not follow the proper procedure. He has stated in his cross-examination, that he did not put any question to the deceased before recording of the dying declaration, so that he could satisfy that deceased Jasbir Kaur was in a fit condition to make statement Ex.PF/3. There is no endorsement that statement Ex.PF/3 was read over to the deceased. Tara Chand ASI PW10, who was standing there, tried to get a copy and since he could not get a copy of the dying declaration from the magistrate, he 5 fabricated statement Ex.PQ and registered FIR Ex.PQ/2 on that basis. Ex.PF/3 is a very short statement and nothing qua the demand of dowry has been stated. It was recorded at 5.30 p.m. on 19.1.2002, while statement Ex.PQ was recorded at 7.30 p.m. on the same day. There are a number of improvements in the statement Ex.PQ. Dowry demand has been added, though no specific demand has been given in statement Ex.PF/3. Specific time of beating has been given, but this is not mentioned in statement Ex.PF/3. Letters Ex.P1, P2, P3, P4 and P5 allegedly written by deceased Jasbir Kaur to her parents and uncle have glaring discrepancies. In letter Ex.P4, deceased Jasbir Kaur has mentioned regarding her harassment, but no demand of dowry has been made. Similarly in letter Ex.P3 written by Jasbir Kaur to her uncle, there is no dowry demand. In letter Ex.P2, there is only harassment and there is no dowry demand. In this letter, no date has been mentioned, as and when it was written. These letters are fabricated. They were produced by Parminder Singh PW8, the brother of the deceased. Letters in fact demolish dying declaration Ex.PF/3. There was no demand of car, cash or fridge etc. In Ex.PF/3 Bachittar Singh and Palwinder Kaur, father-in-law and mother-in-law were living separately, though in the same house. They have nothing to do with the incident, if in any case, it had occurred. As per documents Exs.DE, DE/1, there are burn injuries on the persons of appellant Bachittar Singh and Palwinder Kaur. This clearly shows that both father-in-law and mother-in-law tried to save the deceased. The nature of injuries shows, that they tried to extinguish the fire. In his 6 statement under Section 313 Cr.P.C., appellant Bachittar Singh has stated, that when he heard the shrieks of his daughter-in-law, he and his wife went to extinguish the fire. Document Ex.DD/1 shows, that Bhupinder Singh had been injured in a road accident and had plaster on his leg. At the time of the occurrence, he was sitting in his shop. Defence witness Dharam Pal DW3 has not been questioned to this effect, that he saw both appellans Bachittar Singh and Palwinder Kaur trying to extinguish the fire. Learned counsel for the State has argued, that the dying declarations Ex.PF/3 and Ex.PQ corroborate each other. No challenge has come from the side of the defence as to the veracity of the thumb impression and signatures. FIR Ex.PQ/2 is corroborated by the statements of the witnesses and especially, by Sh. D.K.Mittal, JMIC, Jalandhar PW3 and Tara Chand ASI PW10. Both witnesses are independent and uninterested in this case. They had no reason to falsely implicate the appellants. It has come in evidence, that the opinion of Dr. Navpreet Kaur PW4 was taken before recording of the statement of the deceased, who has opined that Jasbir Kaur was conscious and fit to make statement. FIR is prompt. Appellants have been named and demand of dowry is specifically mentioned. We have heard the learned counsel for the parties and perused the record with their assistance. The main thrust of the arguments of the learned counsel for the appellants is that both the dying declarations Ex.PF/3 and Ex.PQ are fictitious, fabricated and fake documents. He has argued, that they should 7 not be relied upon. If they are not relied upon, the case of the prosecution collapses. We are not in consonance with the learned counsel for the appellants. Going through these documents, firstly Ex.PF/3 the dying declaration given to Sh. D.K.Mittal, JMIC, Jalandhar PW3, deceased Jasbir Kaur has stated as under:- “ I am married. I was married about 5-6 years ago. My mother-in-law, father-in-law and my husband set me ablaze today at 10 A.M. after sprinkling kerosene oil on me. They used to harass me and used to beat me daily. Today my father-in-law Bachittar Singh, mother-in-law Prema and my husband Bhupinder has burnt me in the kitchen by sprinkling kerosene oil. I have a son”. Sh. D.K.Mittal, JMIC, Jalandhar PW3 in his testimony before the Court has stated, that it was on the police request he went to Primary Health Centre, Kala Bakra. He obtained the opinion from the duty doctor at 5.40 p.m. vide endst. No.Ex.PF, as to whether Jasbir Kaur was fit to make a statement or not. He has further stated, that the duty doctor opined vide endst. Ex.PF/1, that the patient was fit to make a statement. Thereafter he recorded the statement of Jasbir Kaur wife of Bhupinder Singh and she put her thumb impression in the presence of the doctor. The duty doctor thereafter made endorsement Ex.PF/2. The dying declaration was read over to Jasbir Kaur. In his cross-examination, nothing worthwhile has come out in favour of the defence, which could dent his testimony. Vide endst. Ex.PF/2, the Medical Officer, CHC, Kala Bakra has endorsed, that the patient Jasbir Kaur remained conscious throughout the statement. He has further stated, that he was on duty and was present all the time. This document is 8 dated 19.1.2002. The procedural and necessary endorsements are Ex.PF to Ex.PF/6. In the dying declaration, which is reproduced above, it has been clearly stated by deceased Jasbir Kaur, that her father-in-law, mother-in- law and her husband set her ablaze by sprinkling kerosene oil on her. They used to harass her and beat her. Going through the dying declaration Ex.PQ, on the basis of which FIR Ex.PQ/2 was recorded and Ex.PF/3, it comes out that there is no conflict or contradiction of any kind in statements Ex.PF/3 and Ex.PQ. Statement Ex.PQ was recorded on 19.1.2002 at 7.30 p.m., on the basis of which FIR Ex.PQ/2 came into existence on the same day i.e. on 19.1.2002 at 9.30 p.m. In her statement Ex.PQ, Jasbir Kaur has stated, that her husband Bhupinder Singh, mother-in-law Palwinder Kaur and father-in-law Bachittar Singh used to harass her and beat her for getting insufficient dowry. Panchayats were called, but this harassment did not stop. She has categorically stated, that it was her mother-in-law, father-in-law and her husband, who after giving her beating poured kerosene oil on her and set her ablaze. This statement was recorded by ASI Tara Chand PW10. Before the statement was recorded, opinion of doctor was taken, that Jasbir Kaur was fit to make a statement. Occurrence had taken place on 19.1.2002 at 10.00 a.m. Statement of Jasbir Kaur was recorded at 7.30 p.m. FIR Ex.PQ/2 came into existence on the same day i.e. 19.1.2002 at 9.30 p.m. The special report reached the Ilaqa Magistrate on 20.1.2002 at 2.00 a.m. There is no delay in lodging of the FIR. Delay, if any, was only due to administrative reasons. Both the dying declarations Ex.PF/3 and Ex.PQ corroborates each other. 9 Dr. Bhag Mal PW1 has stated in his testimony, that Jasbir Kaur wife of Bhupinder Singh was brought to him at Civil Hospital, Kala Bakra on 19.1.2002 at 12.40 p.m. He examined her and prepared her medico legal report and sent information to Police Station Bhogpur vide chit Ex.PB. He also examined appellant Bachittar Singh, father-in-law of Jasbir Kaur for having burn injuries. Dr. Navpreet Kaur PW4 has stated in her testimony, that she was posted as Medical Officer, CHC, Kala Bakra. On 19.1.2002 on police request Ex.PF/6, she declared patient Jasbir Kaur wife of Bhupinder Singh fit to make statement. On 19.1.2002 at about 5 p.m. also, J.M.I.C. visited the hospital and vide application Ex.PF/6 made by the JMIC to give her opinion whether Jasbir Kaur was fit to make statement or not. After examining Jasbir Kaur, she gave her opinion vide Ex.PF/1, that Jasbir Kaur was conscious and fit to make the statement. She has further stated, that she remained present during the time, when JMIC recorded the statement of Jasbir Kaur. After recording statement of Jasbir Kaur, she gave another certificate Ex.PF/2. This witness is corroborating the version put forward by Sh. D.K.Mittal, J.M.I.C., Jalandhar, regarding dying declaration Ex.PF/3. Taking the letters Ex.P1 to P5 into consideration, it comes out that deceased Jasbir Kaur was in a pathetic condition, as she was tortured in her matrimonial home for want of dowry. She had been harassed just 10 days before the occurrence had been taken place. These letters were written to her mother and father and her uncle, where she has mentioned about her harassment and the demand being made. These letters were handed over to the Investigating Officer by her uncle Manjit Singh PW9. 10 There are burn injuries on the person of appellants Bachittar Singh and Palwinder Kaur. Appellant Bhupinder Singh tried to make out a case, that he was sitting in his shop and could not commit this offence, as he had a broken leg and was in plaster. Seeing the nature of injuries on the person of Bachittar Singh and Palwinder Kaur and taking into consideration the statements of defence witnesses i.e. Dr. Baldev Singh, who examined Bachittar Singh and DW2 Raj Kumar, it comes out that these injuries could not have been suffered, when they tried to extinguish the fire of Jasbir Kaur. It seems that when Jasbir Kaur was lit on fire, she moved towards them and it is she, who caught hold of them, as she knew that she was going to die. The defence put forward by appellant Bhupinder Singh could not be believed, as no witness has been brought forward to prove that he was on the shop on the day of occurrence. We do not find any infirmity in the judgment of the learned trial Court. Dismissed. (MEHTAB S.GILL) JUDGE (L.N.MITTAL) January 31, 2009 JUDGE SKArora WHETHER TO BE REFERRED TO REPORTER? YES/NO