STATE OF PUNJAB Vs. AGYA WANTI AND ANOTHER

JUDGEMENT

(1.) THIS order shall dispose of Criminal Appeal No. 656 -DBA of 2002 arising out of FIR No.52 of 10.8.1195 and Criminal Appeal No. 750 -DBA of 2002 arising out of Complaint of Dharamvir against the separate judgments of acquittal passed by Sessions Judge dated 15.12.2001 in respect of same occurrence, acquitting the respondents herein. In both the cases separate but almost identical evidence has been led. For the facility of reference, the facts are taken from Criminal Appeal No. 656 -DBA of 2002.

(2.) THE deceased -Sushil Kumari was married to Mangat Rai son of Jaswant Singh on 15.1.1994. It was on 7.7.1995, Sushil Kumari suffered burn injuries which led to her death on 15.7.1995. Soon after the occurrence, Sushil Kumari -deceased has made a statement (Ex. PD) at about 11.50 a.m. to ASI Basant Singh in the presence of Dr. J.R. Bansal, SMO, Kotkapura who certified that she is in a fit condition to make statement. In the said statement (Ex. PD), she has, inter alia, stated that she was being blamed for causing tension between her husband and father -in -law. This allegation has been leveled upon her by her mother -in -law and sister -in -law and that the accident took place while she was in the process of lighting the stove and her clothes got fire.

(3.) THE said statement was recorded by the Executive Magistrate PW 6 Tarlochan Singh Bhatti which was made basis of registration of case by SSP, Faridkot on an application Ex PK on 10.8.1995. Such statement is not preceded by any opinion of the doctor that she was fit to make statement.