GURJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment dated 04.10.2012, whereby accused Baldev Kaur, mother -in -law of deceased Tejinder Kaur was acquitted of the charges framed against her under Sections 302 and 506 IPC.

(2.) ALONG with the appeal, CRM No.50045 of 2013 has also been filed under Section 5 of the Limitation Act for condoning the delay of 325 days in filing the appeal.

(3.) AS per prosecution, Tejinder Kaur (deceased) was married 12 -13 years back with Baljinder Singh, who was serving in Military and was posted in Assam. It is alleged that on 25.12.2010 at about 10.30 p.m., Tejinder Kaur (now deceased) was present in her house. Her children were also present there. After washing the utensils, she went to the kitchen. She told her mother -in -law Baldev Kaur to keep the utensils in the kitchen. However, she started abusing her and followed her to the kitchen. She (Baldev Kaur) took up the bottle filled with kerosene oil lying near the door of the kitchen and pour the same on her back. Then she set her on fire by lightening a stick of safety match box. The injured was removed to Civil Hospital, Ropar, from where she was referred to PGI, Chandigarh. On 26.12.2010 and 27.12.2010, Inspector Varinderjit Singh moved applications before the doctor regarding the fitness of the patient but she was declared unfit to make statement. Ultimately on 28.12.2010, Tejinder Kaur was declared fit to make statement. Thereafter, Inspector Varinderjit Singh moved an application before the Illaqa Magistrate, Chandigarh to record the 'dying declaration' of Tejinder Kaur. Accordingly, Shri Ranjeev Kumar, Judicial Magistrate Ist Class (Duty), Chandigarh visited PGI, Chandigarh and recorded the statement of Tejinder Kaur. On the basis of said statement, FIR (Ex.PA) was recorded. From the place of occurrence, the police recovered one bottle of kerosene oil, match box and two burnt match sticks. The burnt shawl, salwar, kamiz, koti, dupatta and hairs were also taken into possession. On 30.12.2010 accused was arrested. Accused was challaned by police under Sections 302, 307 and 506 IPC.