JAGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRIMINAL Misc.No.30852 of 2012 Counsel for the complainant has placed on record various documents including medical record. The prayer made in the application is allowed. Documents taken on record. Application disposed of.

(2.) THIS is a case where the deceased had allegedly committed suicide on being abetted by the petitioners, who are his in- laws. On the last date of hearing, reference was made to a dying- declaration recorded by Local Commissioner appointed by Shri Rajesh Ahluwalia, Judicial Magistrate Ist Class, where mention is made that the petitioners had given a bottle of acid to the deceased telling him to drink the same if he wanted to die. It is alleged that his wife forcibly made him to consume acid, whereas the other family members of the wife were present there. It is not made clear as to how Judicial Magistrate Ist Class had detailed a Local Commissioner to record the statement of the deceased, who was admitted in the hospital. As per the State counsel, this incident took place on 1.4.2011. The deceased ultimately breathed his last on 1.9.2011. The alleged statement though is undated, but statedly was recorded on 2.6.2011. Mr.Ahluwalia, counsel for the petitioners has referred to the medical record to show that the deceased had died because of cardiac arrest and his death was natural. Accordingly, he contends that it is not a case of suicide or that the death can be attributed to consumption of acid, as is alleged in the FIR.

(3.) IT is otherwise also is to be determined whether such a statement can be treated as a dying-declaration as the deceased survived for few months even after making the statement. That ofcourse would be seen by the trial court. The petitioners are seeking anticipatory bail. Considering the facts as noticed, case for extending the concession of anticipatory bail to the petitioners is made out. The petitioners otherwise have joined investigation.