SAMPURAN SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) THESE two petitoins Criminal Misc. No. 12620-M of 1991 Sampuran Singh v. Jarnail Singh and another and Criminal Misc. 13S52-M of 1991 State of Punjab v. Jarnal Singh have been filed under Section 439 (2) Cr.P.C. for cancellation of bail granted to' Jarnail Singhy respondent by Additional Sessions Judge, Bathinda vide order dated 17-8-1991 in case FIR No. 36 dated 7-6-1991 under Sections 306, 511 read with Section 34 IPC registered at Police Station, City, Mansa.

(2.) THIS case was registered against Jarnail Singh on the basis of a dying declaration Made by his wife Kulwant Kaur deceased. According to the allegations made in. the dying declaration, Kulwant Kaur had set herself ablaze after sprinkling kerosene oil on hereself as Jarnail Singh was having illicit intimacy with Raj Kumar wife of his elder brother. Kulwant Kaur tred to persuade him from having any connection with Raj Kumari but he did not agree. This fact was also mentioned in the dying declaration that when Kulwant Kaur caught fire, Jarnail Singh tried to extinguish the same by throwing water and then he took her to the hospital where she remained admitted with 45% burns.

(3.) I have heard the counsel for the parties.