These appeals are directed against the judgment and order dated 14.12.2005 passed in Criminal Revision No.2250 of 2003 by a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh whereby and whereunder the revision application filed by respondents accused herein questioning the companyrectness of the order dated 30.10.2003 passed by the learned Sessions Judge refusing to discharge them in exercise of its jurisdiction under Section 227 of the Code of Criminal Procedure was allowed.
Inter alia, on the aforementioned premise and furthermore upon companysidering the acceptability of one or the other dying declaration, it was held as the deceased has identified only Kashmir Singh and Satwinder Singh, there is numberreason for the learned Sessions Judge to frame charges against the respondents the dying declaration recorded by the learned Sub Divisional Magistrate should be preferred to that of the dying declaration recorded by the learned Executive Magistrate.
1 First Information Report proceeded on the basis that as they have numberother place in their house for easing themselves, the deceased used to use the land of the respondents for that purpose.
Both were sikhs and were wearing turban tied and both were 6 Ft.
Respondents themselves in their Memo of Revision filed before the High Court of Punjab and Haryana companytended that the deceased Darshan Kaur was deaf lady, who was paralytic also.
The questions put to her and answers given thereto with sign are as under Whether you set on fire before rising the sun?
By reason of the impugned judgment, the High Court while allowing the said revision application, inter alia, opined that the deceased was both deaf and dumb and she was paralytic also.
Two persons set on fire me one of them was open beard and one was with cutting beard.
On 6.4.2001 early in the morning when she went to the land of the respondents, she was caught and set on fire after pouring kerosene on her.
An application for discharge was filed before the learned Sessions Judge which, as numbericed hereinbefore, has been dismissed.
And then she identify Daljit Singh and Balwinder Singh sons of Faqir Singh resident of Dholran with sign of head.
It was number necessary for the learned Sub Divisional Magistrate, Ropar to take the left thumb impression of the deceased on all pages.
On the same day i.e.6.4.2001 itself, her dying declaration was recorded by the Executive Magistrate, Chamkaur Sahib.
With signs these two persons forcibly set me on the fire in their cattle shed.
Who set on fire you?
It is, furthermore, number in dispute that the deceased was a dumb lady.
Whether you can identify the person who set on fire you?
She identified respondents herein.
Appellant before us was attracted by fire and brought her to the hospital.
Whether they set on fire you after pouring Kerosene?
Yes, with sign of head.
Leave granted.
In which place and how you put on fire?
Yes, with signs.
Husband of the deceased Darshan Kaur is before us questioning the legality or validity of the said order.
Indisputably, the parties are neighbourers.
