MUKHTIAR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Paramajit Kaur alias Nikki is one of the accused in case F.I.R. No. 34 dated 6-3-1998 under Sections 304-B, 498-A. I.P.C. registered in Police Station Dhuri District Sangrur.

(2.) Paramjit Kaur alias Nikki and Mukhtiar Kaur her mother approached the Court of Sessions Judge, Sangrur, with an application seeking anticipatory bail under Section 438 Cr. P.C. Their prayer was declined vide order dated 12-3-1998. They approach this Court with the same prayer. The prayer for anticipatory bail made on behalf of Mukhtiar Kaur was declined at the motion stage, However, notice regarding bail to Paramjit Kaur alias Nikki was issued.

(3.) In response to the notice issued, learned Assistant Advocate General has contested the prayer. He has mainly relied upon the observations made by the learned Sessions Judge in his order dated 12-3-1998. Learned counsel for the petitioner has submitted that the occurrence in this case had taken place on 2-3-1998 at about 4 p. m. but the case was registered on 6-3-1998 at about 1 p.m. on the statement of Kuldip Singh brother of Sukhchain Kaur deceased. After the occurrence, Sukhchain Kaur was admitted to Civil Hospital Sangrur from where she was referred to D.M.C. Ludhiana on the date of occurrence itself. There Mohinder, Singh, Assistant Sub-Inspector recorded the statement of Sukhchain Kaur in the presence of lady doctor. According to the learned counsel in the dying declaration which was made without any pressure or inducement from any side it was stated by Sukhchain, Kaur that when I ignited the match stick, there was a spurt of flame. As my long hair were flowing, the flames engulfed them. My shirt also caught fire. Thereafter, I ran out; Paramjit Kaur, my sister-in-law threw a bucket of water upon me and also caught hold of me. Nikki also received bums on her arm. Thereafter, my sister-in-law poured water upon me, as well as upon herself.