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1. This is an appeal Filed by the State of Punjab against the judgment dated 18-4-1991 of Sessions Judge, Bhatinda vide which he had acquitted the accused Sita Devi and Balbir Chand who were charged under Sections 302/34 of the Indian Penal Code.

2. FIR was registered on the statement of Smt. Krishna Devi deceased, wherein, she had stated that she was resident of Mandi Goniana, her parents house was at Bhatinda; about 10 years ago, she was married with Krishan Lal son of Shiv Chand Aggarwal resident of Mandi Goniana, she had three children i.e. one. son and two daughters; she and her husband Krishna Lal resided in the Chobara of their house along with her children on 9-2-1988 in the morning her brother Jagan Nath son of Milkhi Ram Aggarwal, resident of New Basti, Bhatinda along with Babu Ram "son of Bhim Raj Aggarwal resident of New Basti Bathinda had Come to meet her at about 10/11 a.m. again Said at about 10.30 a.m. her Darani (husband`s youger brother's wife) Sita devi wife Balbir chandh, resident of mandi Goniana having a galton in her hand came there; Whe sprinkled Kerosene on her and set her on fire with a match stick and than she had away from the place of ocurrence; as her clothes caught fire she started rolling on the clothes lying in the Chobara, her brother Jagan Nath and Babu Ram extinguished the fire. The case? of gradge was that her husband Krishan Lal and she resided in the Chobara in their house and they had to pass through the portion on the floor of the house in occupation of her Dever (hasband`s younger brother) Balbir chand son of shiv chand Aggarwal, resident of Mandi Goniana and her Darani (husband's younger brother's wife) Sita Devi. Her Devar Balbir Chand and Devrani Sita Devi were objecting to their passing through that portion in the house, due to this reason yesterday i.e. 8.2.1988 at about 3.00/4.00 p.m. her devar Balbir Chand and her Devrani Sita Devi after conniving with each other had set her on fire with the intention to kill her; when she was set on fire, her husband was not present in the house; she had received burns on both of her legs, back, left hand and her clothes had also burnt. Her abdomen and right hand had also been affected due to the heat of fire. Her brother Jagan Nath etc. had got her admitted in the hospital at Bathinda.

3. Krishna Devi deceased was admitted in Civil Hospital, Bathinda, about 10 to 12 Kms away from Mandi Goniana, at about 11.15 a.m.

4. Dr. Balbir Singh (PW-1) medically examined Krishna Devi at 11.45 a.m. at that lime, she was conscious; her blood pressure was I 10/70 and pulse was 110 per minute. Burns were superficial and extensive about 45 percent on whole of both lower limbs, both buttocks, lower abdomen on the front and dorsum and palm of left hand and dorsum of right hand were affected. .Smell of kerosene was present. The injuries were fresh and dangerous to life. Ex. PA is the carbon copy of the medico legal report. The doctor sent ruqa Fix. PR to the Police-Station Kotwali, Bathinda intimating the lactum of admission of Krishna to the Hospital and for recording of her dying declaration. The same day, ASI. Malkiat Singh of Police-Station Nehianwala (PW-8) received a request from SHO, Police Station, Kotwali, Bathinda, informing about Krishna having been admitted to Civil Hospital, Bathinda. The ASI reached the hospital and made application Ex. PC on which Dr. Bhushan Kumar, since deceased, examined Krishna Devi at 2.00 p.m. and declared her fit to make statement. The A.S.I. thereafter recorded statement of Krishna, Ex. PL. and this forms the basis for the registration of the case under Section 304 of the Indian Penal Code.

5. Krishna Devi expired on 9-3-1988 and on receipt of information to this effect from Police-Station Kotwali, Bathinda, the police of Police-Station, Nehianwala converted the offence into one under Section 302 of the Indian Penal Code.

6. On the afternoon of 9-2-1986, ASI Darshart Singh of Police-Station, Kotwali, Bathinda, presented an application Ex. PJ before Shri G.K. Singh, Executive Magistrate, Bathinda (PW-7) on duly on the said dale for recording the dying-declaration of Krishna Devi. Shri G.K. Singh, accordingly, recorded her statement Ex. PD in the presence of Dr. Balbir Singh and obtained his certificate Ex. PD/I, thereon.

7. During the course of investigation, police found Balbir Chanel as innocent. The challan was put up against Sita Devi and Balbir Chanel was shown in column No. 2, It was later on that the learned Sessions judge, Bathinda, vide his order dated 3-3-1989, directed that Balbir Chand be also summoned as an accused to stand trial along with his wife Sita Devi. Accordingly, both the accused were charged under Section 302 read with Section 34 of the Indian Penal Code and they pleaded not guilty.

8. The plea of the accused in defence was that Jagan Nath and Babu Ram had not come to their house and they were never talking about Krishna when the alleged witnesses had passed through (he portion of the house in their occupation. They denied the incident completely. They, however, pleaded that no dispute existed between Krishna and Sita Devi accused and letter mark 'A' was written by Krishna and Krishan Lal her husband had picked the same from inside the Chobara. Balbir Chand explained that he had given a beating to Krishna one day before, but its cause was no! staled.