Full Judgment Text
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PETITIONER:
THE STATE OF PUNJAB
Vs.
RESPONDENT:
GIAN KAUR AND ANR.
DATE OF JUDGMENT: 05/03/1998
BENCH:
G.T. NANAVATI, V.N. KHARE
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
NANAVATI, J.
The State has filed t his appeal against the judgment
of the Punjab & Haryana High Court in Criminal Appeal No.
13/87. The High Court acquitted both the respondents for the
offence punishable under Section 302 read with Section 34
IPC.
Both the respondents alongwith two others were tried
for causing death of Rita, Respondents - Gian Kaur,
Balvinder kaur, Darshan lal and Balbir were the mother-in-
law, sister-in-law, father-in-law and husband respectively
of Rita (deceased).
The proesecution case was that they were not satisfied
with the dowry given to her by her parents at the time of
her marriage and that had often led to quarrels between the
accused and Rita and her parents. According to the
prosecution, on 21.6.86 at about 6.00 p.m., Gian Kaur and
Balvinder Kaur sprinkled kerosene on her and thereafter Gian
kaur set her on fire by throwing a lighted match stick on
her. It was further alleged that the mother-in-law wanted to
get her son re-married and for that reason also she wanted
to kill her.
The only evidence which was relied on by the
prosecution and on the basis of which the trial court
convicted Gian Kaur and Balvinder kaur was the dying
declaration recorded by ASI-Darshan Singh - PW 5.
The High Court disbelieved the dying declaration on the
ground that even thought according to the medical evidence
Rita had 100% burns over her body. The High Court relied
upon the deposition of Doctor Aneja, who had performed the
post-mortem and who has categorically stated that there were
100% burns over her body and both the thumbs of Rita were
burnt. In view of such inconsistent evidence, the High Court
was right in giving benefit of doubt to the respondents. It
cannot be said in this case that the High Court has taken an
unreasonable view.
This appeal is, therefore, dismissed, Bail bonds are
ordered to be cancelled.
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