DARSHANA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant-accused, who is none other than the mother-in-law of the deceased Kiran, was convicted for offence punishable under Section 304-B of the Indian Penal Code. Hence, the appeal preferred by her.

(2.) The case in brief of the prosecution as projected through the witnesses examined on its side is as follows :-

(3.) The trial Court disbelieved the version of the prosecution that the accused committed murder of Kiran. It has been observed that the accused, who was 60 years old at the time of occurrence, was suffering from various ailments and she could not have set fire to 22 years old Kiran, who was healthy, as spoken to by the prosecution. The victim could have avoided the attack launched by 60 years old woman. It has been further observed by the trial Court that the deceased did not make an attempt to run away from the spot when the doors were kept open, which raise suspicion in the story of the prosecution that the accused committed murder of Kiran. The deceased would not have sustained 100% burn injuries, if she had made an attempt to escape from the fire allegedly set on by the accused. The trial Court also disbelieved the first version given before Dr. Ashok Gupta, PW-5, who admitted her for treatment to the effect that Kiran sustained injuries accidentally, for the simple reason that the doctor, who noted down the history at the time of the admission of the deceased in DMC & Hospital, Ludhiana, was not examined. At any rate having relied upon the part of the version found in the dying declaration of the deceased and the evidence of PW-2 and PW-3, the trial Court rendered a verdict that the accused committed an offence punishable under Section 304-B of the Indian Penal Code.