Punjab-Haryana High Court
Jalor Singh & Another vs State Of Punjab on 22 April, 2013
Author: L. N. Mittal
Bench: L. N. Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRL. MISC. No.M-22080 OF 2012 (O&M)
DATE OF DECISION : 22nd APRIL, 2013
Jalor Singh & another
.... Petitioners
Versus
State of Punjab
.... Respondent
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
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Present : Mr. Divya Vishvajeet Singh, Advocate for the petitioners.
Mr. Gaurav Garg Dhuriwala, Deputy Advocate General, Punjab.
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L. N. MITTAL, J. (ORAL)
Crl. Misc. No.21765 of 2013 Allowed as prayed for.
Crl. Misc. No.21964 of 2013 The application is allowed and Annexure P-1 is taken on record, subject to all just exceptions.
Main Case Accused-Jalor Singh and his wife Swaran Kaur have filed this petition under Section 439 of the Code of Criminal Procedure for bail in case FIR No.193 dated 04.10.2011 registered under Section 302 read with Section 34 IPC at Police Station Jagraon, District Ludhiana.
I have heard learned counsel for the parties and perused the case file.
CRL. MISC. NO.M-22080 OF 2012 (O&M) -2- FIR in the case was recoded on the statement made by the deceased herself before Judicial Magistrate, which now comes within the purview of dying declaration. According to the FIR, the petitioners who are parents-in-law of the deceased poured kerosene on her and set her on fire by throwing burning match stick on her. Marriage of the deceased with son of the petitioners had taken place about a year before the occurrence.
Counsel for the petitioners vehemently contended that the aforesaid dying declaration was made by the deceased under the threat and pressure of her paternal aunt i.e. father's sister and consequently the deceased made another dying declaration exonerating the petitioners.
The aforesaid contention cannot be accepted at this stage. The deceased in her dying declaration, which is basis of FIR, inculpated the petitioners only and has not inculpated any other person form the family of the petitioners. The deceased did not inculpate even her own husband in the said dying declaration. The said dying declaration was recorded by Judicial Magistrate. Death by burns has taken place just after a year of the marriage of the deceased with son of the petitioners.
In view of the aforesaid, without meaning to comment anything on merits of the case, it is not a fit case in which concession of bail should be extended to the petitioners.
Dismissed.
The prosecution is directed to expedite its evidence because the petitioners are in custody for more than one and half years.
22nd April, 2013 (L. N. MITTAL)
'raj' JUDGE
CRL. MISC. NO.M-22080 OF 2012 (O&M)
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