DARSHNA Vs. MOHAN LAL

JUDGEMENT

(1.) THIS is a criminal revision filed against the judgment dated November 26, 1967 of the learned Additional Sessions Judge, Ludhiana, whereby the accused were acquitted of the charges under Sections 302/34 and 498 of Indian Penal Code.

(2.) THE criminal revision filed by the complainant (petitioner herein) discloses that the learned Additional District Judge, Ludhiana has erred in not relying upon the dying declaration, Exhibit-PX, made by the deceased Shashi Bala. The two witnesses, i.e. Dr. Karanjit Singh Basra and Malkiat Singh, Assistant Sub Inspector, came into the witness box as PW-4 and PW-11. It has been further stated that the accused had poured kerosene oil on the person of the deceased and set her on fire. The learned Additional Sessions Judge, Ludhiana erred in stating that Dr. Karanjit Singh Basra (PW-4) could not reproduce the exact wording of the denying declaration made before him as he appeared in the witness box after a considerable lapse of time. It has been further stated that the learned Additional Sessions Judge, Ludhiana, wrongly relied upon the testimony of Shri Dharam Singh, Deputy Superintendent of Police, who appeared in the witness box as DW-1, to the effect that during the course of investigation, he found Mohan Lal and Vidya Wanti to be innocent.

(3.) GOING through the provisions of Section quoted above, it is abundantly clear that only the State can file an appeal against the order of acquittal of the accused.