ASHWANI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant application has been filed by the applicant, who is son of the victim, under Sec. 378(4) of the Code of Criminal Procedure (for short 'the Code') seeking grant of leave to file appeal against the judgment dtd. 29/8/2017, passed in Sessions Case No. 4 of 2015, titled as State of Punjab vs. Sajida Begum and another, another, arising out of FIR No. 182 dtd. 27/8/2009, registered under Sec. 306 read with Sec. 34 of IPC at Police Station City Malerkotla, Malerkotl whereby respondent No. 2/ 2/accused Sajida Begum had been acquitted of charges framed under the aforesaid Sec. by the Court of learned Additional Sessions Judge, Sangrur.

(2.) Brief facts of the case relevant for the purpose of disposal of this application are that on 29/7/2009,, on receipt of an information regarding admission of the victim, namely Jagdish Kumar, in Civil Hospital, Malerkotla due to sustaining burn injuries, a police party immediately rushed there and also moved an application before the Magistrate concerned for recording statement of the victim. The victim was declared to be fit to make statement and it was so recorded by the Judicial Magistrate of the competent jurisdiction. On the same s day, the victim succumbed to his burn injuries. Inquest proceedings and post-mortem examination of the dead body of the victim was conducted. On the basis of the statement recorded by the victim, the aforesaid FIR was registered. The victim had disclosed disclos that he had burn burntt himself due to the reason that accused Sajida Begum in connivance with his wife Pushpa Devi had forcibly demolished hed his house by calling labourer despite his resistance. While they kept on demolishing his house, he came to the market and thereafter he set himself ablaze by lying in a cot, cot, due to the reason that his house was demolished. Accused Sajida Begum was arrested. Co-accused Co accused Pushpa Devi Devi, who is the wife of the victim, could not be arrested. After competition of necessary investigation and usual formalities, challan was presented before the Court.

(3.) Copies of challan were supplied to accused Sajida Begum free of cost. The case was committed committed to the Court of Sessions. On finding a prima facie case for commission of offence punishable under Ss. 306 read with Sec. 34 of IPC, the accused was chargesheeted accordingly. She pleaded not guilty to the charge and claimed trial. Proceedings under Sec. 82 of the Code were initiated against co-accused co accused Pushpa Devi and she was declared a proclaimed offender, vide order dtd. 9/2/2012.