SATISH KUMAR Vs. CHANDER PARKASH

JUDGEMENT

(1.) PRESENT revision petition has been filed by Satish Kumar assailing the acquittal of accused respondents. Accused respondents were tried in case FIR No. 30 dated 10.03.1999 registered at Police Station Division No. 1, Jalandhar under Section 304-B IPC. They were acquitted by the Court of Additional Sessions Judge (Adhoc), Jalandhar vide judgment and order dated 21st September, 2002.

(2.) THE State had decide not to file appeal against acquittal. The investigating agency had submitted report under Section 173 Cr.P.C. (challan) only against Chander Parkash accused, whereas accused Chaman Lal, Parvati, Vijay Kumar, Shobha Rani, Ranji @ Nikki and Vinod Kumar Palli were summoned by invoking Section 319 Cr.P.C.

(3.) IN the present case, on 2nd March, 1999, Kiran Bala was brought to Civil Hospital, Jalandhar, as a result of burn injuries. From there, she was referred to Christian Medical College, Ludhiana. At Christian Medical College, Ludhiana, statement of Kiran Bala was recorded by Judicial Magistrate (1st Class), after obtaining opinion of the doctor. Another statement was recorded by the Investigating Officer, which was attested by the doctor. In both the dying declarations, deceased Kiran Bala stated that she suffered injuries accidentally and nobody was responsible. A Daily Diary Report to this effect was also recorded.