STATE OF PUNJAB Vs. RAVI @ KALA

JUDGEMENT

(1.) The particulars of charge against the respondent-accused for offence under Section 306 of the Indian Penal Code (IPC) are that his wife Balbir committed suicide on 28.10.1993 at about 10.45 p.m. and accused abetted the commission of suicide by her. It is admitted that the marriage of accused was solemnized with the deceased on 18.08.1993.

(2.) The prosecution story is that the victim suffered 99% to 100% of burns and was taken to the civil hospital by her parents. Intimation Ex. PF was sent by the hospital authorities to police at 10.45 p.m. about admission of the patient. PW-8 ASI Rajinder Nath Investigating Officer (IO) moved an application to the Sub Divisional Magistrate who deputed Sh. A.S. Parbhakar Executive Magistrate, Jalandhar for recording statement of the victim. Mr. Parbhakar obtained opinion of the doctor attending patient, who declared her fit to make the statement at about 01.40 a.m. on 29.10.1993.

(3.) The statement of the victim recorded by Executive Magistrate, which is relied upon as dying declaration, is as under:-