Crl. Misc. No. M-20880 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-20880 of 2009 Date of Decision : October 05, 2009 Avtar Singh alias Gogi .... Petitioner Vs. State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. T. S. Sangha, Senior Advocate with Mr. J. S. Lalli, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. * * * L. N. MITTAL, J. (Oral) : Avtar Singh alias Gogi has filed this petition for bail in case FIR No. 191 dated 21.12.2007, under Sections 302, 323, 34 of the Indian Penal Code (in short – IPC), registered at Police Station Dhuri, District Sangrur. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, the petitioner, who is elder brother of husband of the deceased, poured kerosene oil on the deceased, whereas petitioner's father caught hold of her and petitioner's brother i.e. husband of the deceased set her afire. Crl. Misc. No. M-20880 of 2009 2 Learned counsel for the petitioner vehemently contended that there was no smell of kerosene recorded in the MLR and that the doctor has stated that the deceased herself gave the history of suffering accidental burns while cooking food. The contention cannot be accepted at this stage. The trial Judge has to evaluate the evidence about kerosene smell and the history given in the MLR, because at that time, the deceased was taken to hospital by her husband Jaswant Singh. On the other hand, the deceased made dying declaration before Judicial Magistrate, wherein she stated that the petitioner had poured kerosene oil on her and the petitioner's father caught hold of her and her husband had set her afire. In view of the aforesaid, without meaning to express any opinion on merits, in my considered opinion, the petitioner does not deserve the concession of bail. Dismissed. October 05, 2009 ( L. N. MITTAL ) monika JUDGE