Criminal Misc. No.M-32750 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-32750 of 2008 Date of decision : 18.2.2009 Jagdish Singh ....Petitioner Versus State of Punjab and another ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr.B.S.Bhasaur, Advocate for the petitioner Mr. H.S.Gill, Deputy Advocate General, Punjab. Mr. R.S.Rai, Senior Advocate with Ms. Meenakshi, Advocate for the respondent no.2. S. D. ANAND, J. This Court allowed the regular bail plea of the respondent/accused in case FIR No.191 dated 21.12.2007 under Sections 302/IPC, Police Station, Dhuri, District Sangrur by recording the following order:- “It is common ground that the deceased made three dying declarations. The first two dying declarations were made before the Medical Officer at different points of time; while the third dying declaration was recorded by a Judicial Officer. In the course of the first statement (at the time of admission to Daya Nand Medical College and Hospital, Ludhiana), the deceased informed that she caught fire while she was Criminal Misc. No.M-32750 of 2008 -2- **** cooking food at her house. ( “alleged r/o burns when pt. Was cooking food at house and gas leaked and it caught fire and pt.'s clothes caught fire as told by pt.” In the course of the second statement made by the deceased on 16.12.2007 at 1.00 P.M., she accused her husband and her brother in law (non-applicant) to have set her afire as they felt irritated by her repeated plea to her husband to refrain from indulging in booze. It is only in the course of last dying declaration that she accused the petitioner-father-in-law of having caught hold of her hands while her husband and brother-in-law set her afire. Without expressing any opinion on merits, the petitioner is allowed to be released on bail to the satisfaction of the Chief Judicial Magistrate, Sangrur/Duty Magistrate.” The complainant, thereafter, filed a plea for cancellation of the bail by raising the averment that the deceased had made only one dying declaration and that too before the Judicial Magistrate. The further averment, in the context, was that there was wrong factual presentation on behalf of the respondent-accused that there were other two dying declaration made by the deceased before the Medical Officer as well. Learned counsel, appearing on behalf of the respondent- accused, has shown to the Court photo-copies of the hospitalisation record maintained by Dayanand Medical College & Hospital, Ludhiana. There is an endorsement dated 16.12.2007 wherein the treating Doctor attributed to the deceased a statement that she caught when she was cooking food at the house and there was leakage of gas. He has also shown to the Court photocopy of the above record dated 16.12.2007 at 1.00 P.M. where Criminal Misc. No.M-32750 of 2008 -3- **** the patient informed the Doctor that her brother-in-law sprinkled kerosene oil over her and her husband set her afire by lighting the match stick thereafter when she was remonstrating with the latter about his liquor habits. It may be noticed here that respondent accused is father-in-law of deceased lady. This Court, while allowing the regular bail plea, noticed that the father-in-law-respondent-accused came to be accused by the deceased in the context only in her 3rd dying declaration and she did not attribute any role to him at the time of first two dying declaration which she made before the treating Doctor. It is neither here nor there for the learned counsel appearing on behalf of the complainant, to argue that the alleged first two dying declaration cannot be relied upon because the treating Doctor had not obtained the signatures or thumb impression of the deceased thereunder. That is a matter which shall be adjudicated upon by the learned Trial Court on the basis of evidence which is adduced by the party to the prosecution at the trial. The plea for cancellation of bail is denuded of merit and is ordered to be dismissed. February 18, 2008 (S. D. ANAND) Pka JUDGE