BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant No.1 was married to Amarjit Kaur (deceased). She had been complaining of ill-treatment at the hands of her in-laws. The dispute between the deceased on the one hand and Appellants on the other was resolved by Panchayat. As despite the same, ill-treatment continued, an application was filed before the Senior Superintendent of Police by the deceased. Appellant No.1 was working as Sepoy in the Indian Army. He took leave for two months. A settlement was effected whereby Appellants were made responsible for any untoward incident that might happen to the deceased. She in view of the said settlement came to her matrimonial home. On 12.10.1995, she received 90% burn injuries. She was taken to a hospital. Although she was in her senses, having regard to the extent of burn injuries suffered by her, the doctors attending on her opined that her dying declaration should be taken. Her dying declaration was taken down by one Dr. Anoop Kumar in presence of other doctors including Dr. R.S. Kadiyan, Professor of Skin and VD Department, Christian Medical College, Ludhiana. The said dying declaration, marked as Ex. P-1, which was recorded at about 08.30 A.M. on 12.10.1995, reads as under :

(2.) Her parents in the meanwhile were also informed. They came to the hospital. The First Information Report was lodged at about 09.30 a.m. on the same day; whereupon a case under Sections 307/498-A of the Indian Penal Code was registered. The Investigating Officer came to the hospital and recorded a second dying declaration which was marked Ex.P-J. In the said dying declaration she not only named her husband but also her mother-in-law, inter alia, stating :

(3.) The said dying declaration bore her signature. She died on 16.10.1995 at about 01.15 a.m., whereupon a case under Section 302, IPC was registered. During trial the learned Sessions Judge framed charges under Section 302, IPC read with Section 34 thereof or in the alternative under Section 304-B read with Section 34, IPC. Appellants were also charged under Section 498-A read with Section 34, IPC. The charges framed by the learned Sessions Judge read as under :