Criminal Misc. No.M-32750 of 2008 -1-
****
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-32750 of 2008
Date of decision : 18.2.2009
Jagdish Singh ....Petitioner
Versus
State of Punjab and another ...Respondents
****
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr.B.S.Bhasaur, Advocate for the petitioner
Mr. H.S.Gill, Deputy Advocate General, Punjab.
Mr. R.S.Rai, Senior Advocate with
Ms. Meenakshi, Advocate for the respondent no.2.
S. D. ANAND, J.
This Court allowed the regular bail plea of the
respondent/accused in case FIR No.191 dated 21.12.2007 under Sections
302/IPC, Police Station, Dhuri, District Sangrur by recording the following
order:-
“It is common ground that the deceased made three dying
declarations. The first two dying declarations were made
before the Medical Officer at different points of time; while the
third dying declaration was recorded by a Judicial Officer. In
the course of the first statement (at the time of admission to
Daya Nand Medical College and Hospital, Ludhiana), the
deceased informed that she caught fire while she was
Criminal Misc. No.M-32750 of 2008 -2-****
cooking food at her house. ( “alleged r/o burns when pt. Was
cooking food at house and gas leaked and it caught fire and
pt.’s clothes caught fire as told by pt.” In the course of the
second statement made by the deceased on 16.12.2007 at
1.00 P.M., she accused her husband and her brother in law
(non-applicant) to have set her afire as they felt irritated by her
repeated plea to her husband to refrain from indulging in
booze. It is only in the course of last dying declaration that
she accused the petitioner-father-in-law of having caught hold
of her hands while her husband and brother-in-law set her
afire.
Without expressing any opinion on merits, the petitioner is
allowed to be released on bail to the satisfaction of the Chief
Judicial Magistrate, Sangrur/Duty Magistrate.”
The complainant, thereafter, filed a plea for cancellation of the
bail by raising the averment that the deceased had made only one dying
declaration and that too before the Judicial Magistrate. The further
averment, in the context, was that there was wrong factual presentation on
behalf of the respondent-accused that there were other two dying
declaration made by the deceased before the Medical Officer as well.
Learned counsel, appearing on behalf of the respondent-
accused, has shown to the Court photo-copies of the hospitalisation record
maintained by Dayanand Medical College & Hospital, Ludhiana. There is
an endorsement dated 16.12.2007 wherein the treating Doctor attributed
to the deceased a statement that she caught when she was cooking food
at the house and there was leakage of gas. He has also shown to the
Court photocopy of the above record dated 16.12.2007 at 1.00 P.M. where
Criminal Misc. No.M-32750 of 2008 -3-
****
the patient informed the Doctor that her brother-in-law sprinkled kerosene
oil over her and her husband set her afire by lighting the match stick
thereafter when she was remonstrating with the latter about his liquor
habits. It may be noticed here that respondent accused is father-in-law of
deceased lady.
This Court, while allowing the regular bail plea, noticed that
the father-in-law-respondent-accused came to be accused by the
deceased in the context only in her 3rd dying declaration and she did not
attribute any role to him at the time of first two dying declaration which she
made before the treating Doctor. It is neither here nor there for the learned
counsel appearing on behalf of the complainant, to argue that the alleged
first two dying declaration cannot be relied upon because the treating
Doctor had not obtained the signatures or thumb impression of the
deceased thereunder.
That is a matter which shall be adjudicated upon by the
learned Trial Court on the basis of evidence which is adduced by the party
to the prosecution at the trial.
The plea for cancellation of bail is denuded of merit and is
ordered to be dismissed.
February 18, 2008 (S. D. ANAND) Pka JUDGE