Crl. Rev. No.1157 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No.1157 of 2010 Date of Decision: 30.07.2010 Dharambir and another ....Petitioners Versus State of Haryana ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. R.A. Sheoran, Advocate for the petitioners. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. This is a revision against the Order dated 12.04.2010 passed by the Additional Sessions Judge (II), Bhiwani, whereby, the petitioners have been summoned as additional accused under Section 319 Cr.P.C. The facts, in brief, are that Neelam wife of Omkar was set on fire on 16.10.2009 and she died on 27.10.2009. her statement was recorded by the Magistrate. The investigation was carried out by the police and was verified by SHO. Then, on the objections of the complainant, Deputy Superintendent of Police, Charkhi Dadri again investigated the matter who found that there was a quarrel between wife and husband and the petitioners had no relation with the occurrence. Then again on the request of the parents of the deceased, Deputy Superintendent of Police, Loharu was deputed to investigate the matter. After going through the evidence and material on record, he also found that the petitioners are innocent and placed them in column No.2. Challan was filed aginst husband and trial commenced. Crl. Rev. No.1157 of 2010 2 The prosecution examined Sunil Chauhan, JMIC, Rohtak as PW1 who stated that the deceased had made the statement and he had recorded the dying declaration of the deceased Neelam. On the basis of the evidence in favour of PW1, the petitioners were summoned under Section 319 Cr.P.C vide Order dated 12.04.2010. In order to proper adjudication, it is necessary to reproduce the dying declaration, which is as under :- “ Statement of Neelam wife of Omkar, resident of Ram Nagar, Police Station Sadar Dadri aged 23 years. On SA. Que. Whether you are married? Ans. Yes, I am married. Que. When your marriage was solemnized? Ans. About six years ago. Que. Whether you are educated? Ans. Yes, I had studied upto 11th Class. Que. Whether you are giving statement on your own? Ans. Yes, I am giving my statement on my own wish. Stated that yesterday evening at about 11.00 p.m., my husband Omkar came to house late. I asked my husband Omkar for coming late. On this, my husband quarelled with me. After the quarrel, my husband went to the house of my mother-in-law and father-in-law. The name of my mother-in-law is Bimla and name of father-in-law is Dharambir. I call my mother-in-law and father-in-law as Mummi and Papa. The house of my father-in-law and mother-in-law is at some distance. After some time, my father-in-law Dharambir and mother-in-law Bimla came to my house with my husband. My mother-in-law and father- in-law did not say any thing to me and they sat silently. After some time, my husband Omkar caught my hand and my mother-in-law Bimla caught my legs and my father-in-law put the oil on me and lit the fire. After setting on fire, my father-in-law Dharambir closed the room. I tried to open the room but failed to open. I had caught fire. After two minutes, my father- in-law opened the room and I came out by crying. I stated that why you have burnt me. On hearing noise, Crl. Rev. No.1157 of 2010 3 my brother-in-law who is the son of the brother of my father-in-law came there. My real jethani Suman who came with my father-in-law and mother-in-law was laughing. Then my husband Omkar put the blanket and extinguished the fire. My Jeth who is the son of the brother of my father-in-law Dharambir brought me in the hospital. Statement given and heard which is correct. Que. Whether you want to say more besides this” Ans. No. RO&AC. The patient remained fit during statement. 3.05 PM on 19.10.09.” The petitioner No. 1 is father-in-law and petitioner No. 2 is mother-in-law. Specific allegations have been made against the petitioners. It is evident from the Order dated 12.04.2010 passed by the Additional Sessions Judge (II), Bhiwani that PW-1 Sunil Chauhan when appeared has proved the said dying declaration Ex.PB. He also proved the opinion of the doctor Ex.PA/1 and Ex.PA/2 and his certificate Ex.PC. Surprisingly, the statement of PW-1 has not been placed on record of the present revision. The evidence in the form of dying declaration cannot be easily ignored especially in the facts as in the present case. The dying declaration was recorded before the Judicial Magistrate Ist Class. The statement of JMIC has been recorded proving the dying declaration, in which, specific allegations are made against the petitioners. Thus, there is a direct evidence against the petitioners. Accordingly, there is no ground to set aside the Order dated 12.04.2010 passed by the Additional Sessions Judge (II), Bhiwani, whereby, the petitioners have been summoned as additional accused under Section 319 Cr.P.C. Prima facie case is made out against the petitioners. Dismissed. (NIRMALJIT KAUR) 30.07.2010 JUDGE gurpreet