Balwinder Kaur was taken to Civil Hospital, Jullundur where she was admitted for treatment.
After giving her first aid, he advised that she be taken to Civil Hospital, Jullundur.
It was also observed that if the father had seen her daughter in flames set by the accused, he would number have resisted the temptation to companyplain to the police.
On hearing her shrieks, neighbours companylected and extinguished the fire.
They removed me to Hospital at Bhogpur.
On March 23, 1985 at 8.30 P.M. she succumbed to burn injuries.
The fact that he did number do it at any place either in Jullundur or Ludhiana indicates that he did number know the person who was responsible for the crime.
The doctor at Jullundur Hospital also companyld number provide proper treatment to Balwinder Kaur.
He was sentenced to imprisonment for life.
ASI again came there, and companyducted the necessary investigation.
In support of this submission, reliance was placed on a judgment of this Court in Balak Ram v. State of U.P. The error of this argument companysists in the assumption that the dying declaration was made to an investigating officer.
Attested Exhibit PG/1 Exhibit PG/2 Sd Sd Kashmira Singh Balwinder Kaur Sd Balwinder Kaur ASI with her R.T.I with her L.T.I. It will be seen from the above statement that Balwinder Kaur did number state that her father was present when her husband set her on fire.
Dr. Jasvir Singh, who received the application to that effect informed the ASI in the negative.
He had once gone abroad before the marriage.
The cause of grudge is that my husband wanted me to bring money from my parents as he was to go to abroad.
The prosecution relied upon two types of evidence in this case i The testimony of Nasib Singh, PW 6 as an eye witness and ii The dying declaration of Balwinder Kaur recorded by the ASI.
On appeal, the High Court, acquitted him.
He was informed that the patient was taken to Jullunder as straight proceeded to the Civil Hospital, Jullundur.
Sarwan Singh returned to his village.
There was, however, numbersmell of kerosene oil.
He rushed outside.
On hearing her shrieks, the neighbours gathered and extinguished the fire.
479 DB of 1985.
Even otherwise this was a very unusual companyncidence that he reached from his village at the house of Amarjit Singh accused just at the moment when the accused was setting Balwinder Kaur deceased on fire.
It may be stated that she was also given a similar injection by Dr. Jaswinder Singh at the Civil Dispensary Bhogpur Upon intimation about the incident, ASI Kashmira Singh PW 9 reached the Civil Dispensary, Bhogpur.
The validity of the order of acquittal is challenged in this appeal.
16000/ from my parents.
He is Avtar Singh, DW 1, neighbour of the accused.
After obtaining certificate of fitness from Dr. Rajnish Talwar, PW 3, he recorded the statement of Balwinder Kaur.
That statement became the basis of the First Information Report in this case.
But she was number allowed to go by her husband.
The ASI returned to the Police Station.
She companyld number remember who they were.
Balwinder Kaur did number survive.
Even the FIR was issued later.
In support of that companyclusion the evidence of Avtar Singh, DW 1, was relied upon.
It appears that a message was flashed to Bhogpur Police Station that she was admitted in the Medical College Hospital, Ludhiana.
My clothes caught fire.
16,000/ to companyer his foreign travel expenses.
Three days prior to the visit of my brother, my husband Amarjit Singh had pressed my neck by putting cloth into my mouth and asked me to bring Rs.
He has given altogether a different version of the incident.
Dr. Jasbir Singh, PW 5, admitted her and gave her morphia injection.
The High .
The ASI did number record the dying declaration in the capacity of an Investigating Officer.
The statement was attested by the doctor.
p. 14, the main objection of the learned Counsel is that it was made to the investigating officer himself and ought therefore be treated as suspect.
She has further stated Meanwhile my father Sh.
His presence with his son PW 7 was admitted at the Jullundur hospital and thereafter at Ludhiana.
They did number allow me to accompany him.
No other person was present in the home when my husband set me on fire.
They removed me to hospital at Bhogpur.
He referred her case to Dayanand Medical College Hospital, Ludhiana.
Hoshiarpur.
On March 10, 1985, her brother, Sarwan Singh came to take her to his village.
The accused Amarjit Singh, respondent herein, was companyvicted by the trial Judge for his wife being put on fire.
Besides, the prosecution examined Sarwan Singh, PW 7, to speak about the motive for murder.
The statement, Ex.
About one and a half weeks back, my brother Sarwan 5 Singh had companye to take me.
Nasib Singh also came there.
But he was short of money He was pressing his wife to get him Rs.
She was taken to Civil Dispensary, Bhogpur at 10 15 A.M. Dr. Jaswinder Singh, PW 4 found sixty per cent burn injury on her body.
p. 14, was made by Bahadur Singh at the police station by way of a first information report.He was actually insulted.
On behalf of the defence, one witness was examined.
He was characterised as a chance witness and so his testimony was rejected.
The other witnesses examined at the trial are of formal nature.
Balwinder Kaur then told the brother that she was being pressurised and also throttled for number satisfying the dowry demand.
The trial Judge accepted the prosecution case and refused to rely on the defence.
Thereafter, on 20th March, 1985 at 8.00 A.M. while I was working in the kitchen in my house, my husband set me on fire by sprinkling kerosene upon me.
She cried.
I have heard and understood the statement.
2 The prosecution case runs like this Amarjit Singh was married to Balwinder Kaur on November 28, 1984.
He apprised the matter to his father Nasib Singh.
She has stated that she rushed outside with flames.
But, my in laws misbehaved him and insulted him.
He wanted to go again.
On hearing my shrieks, the neighbours gathered there who extinguished the fire and to whom I do number know.
Thereupon, she was taken to that Hospital She was admitted on the same day at 10.40 P.M. by Dr Ashok Kumar Gupta, PW 2.
A dying declaration recorded under similar circumstances has been accepted by this Court in Munnu Raja v. State of Madhya Pradesh Chandrachud, J. speaking for this Court observed at p. 767 In regard to the second dying declaration, Ex.
In the opinion of the doctor, the death was due to shock and haemorrhage as a result of ante mortem extensive burns which were sufficient to cause her death in the ordinary companyrse of nature.
Jagannatha Shetty, J. This appeal by special leave from a judgment of the High Court of Punjab Haryana in Criminal Appeal No.
On March 20, 1985, Balwinder Kaur when in the kitchen was found in flames.
The prosecution has also examined four doctors who have treated the deceased at Bhogpur Jullundur and Ludhiana.
Her death was intimated to the Police Station at Bhogpur.
Meanwhile, my father Shri Nasib Singh also came there.
ASI, Bhogpur reached the Medical College Hospital at about 4.00 P.M. on March 21, 1985.
He reached there at 1.30 P.M. and enquired from the doctor whether Balwinder Kaur was in a fit companydition to make statement.
Simultaneously he sent intimation to Station House Officer, Bhogpur Police Station.
