MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Manjit Singh-husband, Kulwant Singh-uncle (chacha), Ravinder Kaur-aunt (chachi) along with Gurdip Singh a neighbour (friend) of husband, were nominated as accused in case FIR No. 32 dated 28.07.1994 registered at Police Station Khamanon. They were tried by the Court of Additional Sessions Judge, Fatehgarh Sahib, who vide his impugned judgment dated 31st October, 2002, acquitted Gurdip Singh accused, but held the other three guilty of an offence punishable under Section 304-B read with Section 34 IPC. Vide a separate order of even date, Manjit Singh was sentenced to undergo rigorous imprisonment for a period of ten years, whereas, Kulwant Singh and Ravinder Kaur, who were uncle and aunt of Manjit Singh, were sentenced to undergo rigorous imprisonment for a period of seven years. All the three accused were further ordered to pay Rs. 3000/- each as fine and in default of payment of fine sentence of three months rigorous imprisonment was imposed.

(2.) Aggrieved against the same, the three convicts have filed the present appeal.

(3.) On 28th July, 1994, HC Piara Singh PW-3, having learnt that Balwinder Kaur wife of Manjit Singh, resident of village Begowal, Tehsil Doraha, District Ludhiana, was admitted in the PGIMER Chandigarh as a case of poisoning, moved an application Ex.PA to the Executive Magistrate, Chandigarh, requesting that the statement of Balwinder Kaur be recorded. Ashwani Kumar, Executive Magistrate, U.T. Chandigarh, on receipt of the application, reached PGIMER Chandigarh and on the same day, i.e. 28th July, 1994 at about 12.30 p.m. sought opinion of the Doctor vide Ex.PA/1 regarding fitness of Balwinder Kaur. Dr.Vara Prasad, on the same day at about 12.40 p.m. declared the patient fit to make statement. The Executive Magistrate, having satisfied himself that Balwinder Kaur was conscious to make statement, recorded her statement Ex.PA/3, which not only constituted a dying declaration but on the basis of the same FIR Ex.PW-7/B was registered. Since much of the arguments have been advanced towards the dying declaration, its admissibility and competence of the deceased to make statement, it will be apposite here to reproduce the translation of the FIR as noticed by the trial Judge in para 2 of the impugned judgment, which reads as under: