State vs . Davinder Etc. Fir No.38/2011 ... on 31 August, 2019
33. In the backdrop of these four statements, few relevant
aspects deserve a highlight. First aspect is regarding the presence of
kerosene oil on the body of Renu. PW 5 Dr. Satish who first
Result: Acquitted Page 46 of 51
State Vs. Davinder etc. FIR No.38/2011 (56768/2016)
medically examined Renu, specifically deposed that he did not detect
any smell of kerosene coming from Renu. MLC of Renu prepared
on 18.05.2010 also does not state anything about the possible
presence of Kerosene. PW 4 Dr. Dhingra deposed about the
possibility of Renu sustaining burns from accidental flames but his
testimony is not of much value since he also stated that in view of
postmortem having been conducted after a period of three months
from date of sustaining burn injuries, it was not possible to give a
definite opinion. Second aspect is regarding the testimony of PW2
who deposed that accused persons used to constantly trouble the
deceased on account of a property dispute and eventually, burnt her
on account of the same. However, what is surprising is that none of
the four statements of late Renu give away even a hint of any property
dispute between Renu and accused persons. Surprisingly, neither PW
1 nor PW 6 deposed anything regarding harassment of Renu on
account of property dispute. Further, as has already ben highlighted,
the narration given by PW2 in regard to the alleged 'bargaining' by
accused persons with Renu before agreeing to douse the flames, is not
substantiated by any evidence at all.