Punjab State of Punjab … v. Raj Singh @ Sukhmander Singh Raj Singh @ Sukhmander Singh
Case Details
CRA-D-915-DBA DBA-2004 (O&M) FOR THE STATES OF PUNJAB & HARYANA IN THE HIGH COURT IN THE HIGH COURT FOR THE STATES AT CHANDIGARH AT CHANDIGARH ( 1 ) CRA-D-915-DBA-2004 (O&M) CRA ate of Decision: 08.07.2025 Date of Decision: Punjab State of Punjab ……Appellant Versus Raj Singh @ Sukhmander Singh Raj Singh @ Sukhmander Singh …...Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE GURVINDER SINGH GILL JASJIT SINGH BEDI HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Siddharth Attri, AAG, Punjab, Punjab. for the appellant/State of Punjab. Siddharth Attri, AAG, Punjab, Anmol Partap Singh Mann, Advocate, Mr. Anmol Partap Singh Mann, Advocate, as Amicus Curiae for the respondent. as Amicus Curiae for the respondent. GURVINDER SINGH GILL, J. GURVINDER SINGH GILL, J. 1. Raj Singh State of Punjab has preferred this appeal challenging acquittal of Raj Singh State of Punjab has preferred this appeal challenging acquitt State of Punjab has preferred this appeal challenging acquitt @ Sukhmander Singh (respondent) with regard to @ Sukhmander offence under Section Singh (respondent) with regard to offence under Section k as recorded by the Additional Sessions Judge (Ad hoc), Fast Track as recorded by the Additional Sessions Judge 302 IPC as recorded by the Additional Sessions Judge Court, Faridkot vide judgment dated 19.03.2004 Court, Faridkot arising 19.03.2004 rendered in a trial arising out of FIR No. 200 dated 26.08.2000 registered at Police Station Sadar FIR No.200 dated 26.08.2000 registered at Police Station Sadar 200 dated 26.08.2000 registered at Police Station Sadar Muktsar, under Sections 302/34 IPC. Muktsar, under Sections 2. came to be lodged on the basis of statement (dying The FIR in question came to be lodged on the basis of statement (dying came to be lodged on the basis of statement (dying The FIR in question
Legal Reasoning
declaration) of Smt. Lovely recorded by ASI declaration) of Smt. Lovely Singh on recorded by ASI Shamsher Singh on Adesh Hospital, Muktsar pursuant to receipt of an 26.08.2000, who reached Adesh Hospital, Muktsar pursuant to receipt of an Adesh Hospital, Muktsar pursuant to receipt of an 26.08.2000, wh intimation regarding admission of Lovely in the said hospital on account of intimation regarding admission of Lovely in the said hospital on account of intimation regarding admission of Lovely in the said hospital on account of intimation regarding admission of Lovely in the said hospital on account of VIMAL KUMAR 2025.07.09 17:08 I attest to the accuracy and integrity of this document CRA-D-915-DBA DBA-2004 (O&M) burn injuries. The translated gist of Lovely’s burn injuries. ) reads as Lovely’s statement (Ex.PF) reads as ( 2 ) under: bout 1 ½ year back I was married to Sukhmander Singh @ Raj Singh about 1 ½ year back “I was married to Sukhmander Singh @ Raj Singh I was married to Sukhmander Singh @ Raj Singh and have a son from the said marriage. My husband Sukhmander Singh and have a son from the said marriage. My husband Sukhmander Singh and have a son from the said marriage. My husband Sukhmander Singh and have a son from the said marriage. My husband Sukhmander Singh runs a flour mill with the help of a tractor and he visits several villages for runs a flour mill with the help of a tractor and he visits several villages for runs a flour mill with the help of a tractor and he visits several villages for runs a flour mill with the help of a tractor and he visits several villages for When my husband used to return from the purpose of grinding grains. When my husband used to return from When my husband used to return from the purpose of grinding grains. - work, Gurpreet Singh, younger brother of my husband and also my father , younger brother of my husband and also my father- work, They law Hardev Singh used to instigate him to give beatings to me. They law Hardev Singh used to instigate him to give beatings to in-law Hardev Singh used to instigate him to give beatings to used to complain that I was not well versed used to complain that I was not and was well versed with household work and was ill-mannered I had also informed my parents about the same. About 10 mannered. I had also informed my parents about the same. About 10 I had also informed my parents about the same. About 10 and had been sent to my days back, I had been given beatings by them and had been sent to my days back, I had been given beatings by them days back, I had been given beatings by them parental home. My parents, my maternal uncle Harjinder Singh and other parental home. My parents, my maternal uncle Harjinder Singh and other parental home. My parents, my maternal uncle Harjinder Singh and other parental home. My parents, my maternal uncle Harjinder Singh and other respectables sent me back to my maternal village Balamga respectable rh about a week sent me back to my maternal village Balamgarh about a week ago. Yesterday i.e. on 25.08.2000, my maternal uncle ago. Yesterday i.e. on Harjinder Singh 25.08.2000, my maternal uncle Harjinder Singh Today at about 6.30 AM, I told my had come to me in the evening. Today at about 6.30 AM, I told my Today at about 6.30 AM, I told my had come his younger brother Gurpreet Singh and my husband Sukhmander Singh, his younger brother Gurpreet Singh and my his younger brother Gurpreet Singh and my husband Sukhmander Singh, father-in-law Hardev Singh that I ha father d suffered an electric shock the law Hardev Singh that I had suffered an electric shock the of previous day when I tried to switch on a fan and that the electric fuse of previous day when I tried to switch on a fan and that the electric fuse previous day when I tried to switch on a fan and that the electric fuse - the house had blown off. Upon which, they started saying that I was ill Upon which, they started saying that I was ill- the house mannered and taunted me for having became part of mannered and taunted me for having My became part of their family. My husband Sukhmander Singh started beating me with a stick husband and my Sukhmander Singh started beating me with a stick and my husband’s younger brother Gurpreet Singh said that kerosene oil be husband’s younger brother Gurpreet Singh said that kerosene oil be husband’s younger brother Gurpreet Singh said that kerosene oil be husband’s younger brother Gurpreet Singh said that kerosene oil be law poured kerosene oil upon me and poured on me. My father-in-law poured kerosene oil upon me and law poured kerosene oil upon me and poured on me. My father Gurpreet Singh set me on fire with a match box. My maternal uncle Gurpreet Singh set me on fire with a match box. My maternal uncle Gurpreet Singh set me on fire with a match box. My maternal uncle Gurpreet Singh set me on fire with a match box. My maternal uncle n away from the spot. My entire body and Harjinder Singh being scared ran away from the spot. My entire body and n away from the spot. My entire body and Harjinder Singh being scared r my clothes caught fire. My husband my clothes caught fire Sukhmander Singh @ Raj Singh Sukhmander Singh @ Raj Singh arranged for a conveyance and brought me to Adesh Hospital being scared arranged for a conveyance and brought me to Adesh Hospital arranged for a conveyance and brought me to Adesh Hospital being Legal action be taken and got me admitted where I am under treatment. Legal action be taken and got me admitted where I am under treatment and got me admitted where I am under treatment - against the aforesaid persons. My husband’s younger brother and father against the aforesaid persons. My husband’s younger brother and father- against the aforesaid persons. My husband’s younger brother and father law have set me on fire with an intention to kill me. RTI - Lovely.” law have set me on fire with an intention to kill me. RTI in-law have set me on fire with an intention to kill me. RTI 3. visited the place of occurrence from where a plastic The police thereafter visited the place of occurrence from where a plastic visited the place of occurrence from where a plastic The police a match box were taken into possession. Rough site plan was can and a match box were taken into possession. Rough site plan was a match box were taken into possession. Rough site plan was a match box were taken into possession. Rough site plan was prepared. However, victim Lovely could not survive and died on prepared. However, victim Lovely could not survive and died on prepared. However, victim Lovely could not survive and died on prepared. However, victim Lovely could not survive and died on VIMAL KUMAR 2025.07.09 17:08 I attest to the accuracy and integrity of this document CRA-D-915-DBA DBA-2004 (O&M) ( 3 ) Inquest proceedings were conducted. The dead body of 27.08.2000. Inquest proceedings were conducted. The dead body of Inquest proceedings were conducted. The dead body of 27.08.2000. Lovely was subjected to post-mortem examination. Statements of Lovely was subjected to post the mortem examination. Statements of the witnesses were recorded. witnesses were recorded. 4. Upon conclusion of investigation, Gurpreet Singh was found innocent Upon conclusion of investigation, and Gurpreet Singh was found innocent and Hardev Singh and Raj Singh @ Sukhmander challan was presented against Hardev Singh and Raj Singh @ Sukhmander Hardev Singh and Raj Singh @ Sukhmander challan was presented against Singh (respondent) only in the Court of Judicial Magistrate Ist Singh (respondent) only Class on Judicial Magistrate Ist Class on 10.11.2000, who , who committed the case to the Court of Sessions vide the case to the Court of Sessions vide . Learned Additional Sessions Judge, commitment order dated 23.11.2000. Learned Additional Sessions Judge, . Learned Additional Sessions Judge, commitment for offence to whom the matter was entrusted, framed charges for offence to whom the matter was entrusted, Muktsar to whom the matter was entrusted, under Section 302 IPC read with Section 34 IPC under Section 302 IPC against both the accused read with Section 34 IPC against both the accused on 06.12.2000 to which accused pleaded not guilty and claimed trial. 06.12.2000 to which accused pleaded not guilty and claimed trial 5. Subsequently, upon an application under Section 319 Cr.P.C. moved by Subsequently, upon an application under Section 319 Cr.P.C. moved by Subsequently, upon an application under Section 319 Cr.P.C. moved by Subsequently, upon an application under Section 319 Cr.P.C. moved by prosecution, accused Gurpreet Singh, brother prosecution, accused law of Lovely (deceased) Singh, brother-in-law of Lovely (deceased) is was ordered to be summoned to face trial. However, upon securing his was ordered to be summoned to face trial. was ordered to be summoned to face trial. the trial Court separated the trial and referred Gurpreet Singh’s presence, the trial Court separated the trial and referred Gurpreet Singh’s the trial Court separated the trial and referred Gurpreet Singh’s the trial Court separated the trial and referred Gurpreet Singh’s case to the Juvenile Justice Board since he was below the age of 18 years. case to the Juvenile Justice Board since he was below the age of 1 case to the Juvenile Justice Board since he was below the age of 1 6. . The prosecution in order to establish its case examined as many as 11 PWs. The prosecution in order to establish its case examined as many as The prosecution in order to establish its case examined as many as The gist of their testimonies is being briefly referred to herein The gist of their testimonies is being briefly referred to herein under:- PW-1 Harjinder Singh , who is maternal uncle of the deceased, stated that Harjinder Singh, who is maternal uncle of the deceased, stated that , who is maternal uncle of the deceased, stated that 25.08.2000, he had gone to village Balamgarh to meet Lovely on 25.08.2000, he had gone to village Balamgarh to meet Lovely 25.08.2000, he had gone to village Balamgarh to meet Lovely on night. He stated that on the next day at where he stayed for the night. He stated that on the next day at night. He stated that on the next day at where he stayed for about 6.00 AM, Lovely had sustained an electric shock while about she 6.00 AM, Lovely had sustained an electric shock while she was trying to insert the electric plug of the fan and the fuse has was trying to insert the electric plug of the fan and the fuse has was trying to insert the electric plug of the fan and the fuse has was trying to insert the electric plug of the fan and the fuse has also blown off. Harjinder Singh stated that Sukhmander Singh also blown off. Harjinder Singh stated that Sukhmander Singh also blown off. Harjinder Singh stated that Sukhmander Singh also blown off. Harjinder Singh stated that Sukhmander Singh started beating Lovely with a stick while saying that she was good started beating Lovely with a stick while saying that she was good started beating Lovely with a stick while saying that she was good started beating Lovely with a stick while saying that she was good VIMAL KUMAR 2025.07.09 17:08 I attest to the accuracy and integrity of this document CRA-D-915-DBA DBA-2004 (O&M) ( 4 ) for nothing. He further stated that Gurpreet Singh, brother of for nothing. He further stated that Gurpreet Singh, brother of for nothing. He further stated that Gurpreet Singh, brother of for nothing. He further stated that Gurpreet Singh, brother of Sukhmander Singh, asked his father Hardev Singh to pour Sukhmander Singh, asked his father Hardev Singh to pour Sukhmander Singh, asked his father Hardev Singh to pour Sukhmander Singh, asked his father Hardev Singh to pour ne oil on Lovely and to set her on fire and accordingly kerosene oil on Lovely and to set her on fire and accordingly ne oil on Lovely and to set her on fire and accordingly kerose oil from 5 Hardev Singh and Sukhmander Singh poured kerosene oil from 5 Hardev Singh and Sukhmander Singh poured kerosene Hardev Singh and Sukhmander Singh poured kerosene litres can on Lovely and thereafter Gurdev Singh set her on fire. litres can on Lovely and thereafter litres can on Lovely and thereafter PW-2 Kuldip Kaur Kuldip Kaur stated that Lovely was her daughter, who was stated that Lovely was her daughter, who was married to Sukhmander Singh @ Raj Singh about 1 ½ year back. married to Sukhmander Singh @ Raj Singh about 1 ½ year back. married to Sukhmander Singh @ Raj Singh about 1 ½ year back. married to Sukhmander Singh @ Raj Singh about 1 ½ year back. She stated that after about 3 months of the marriage, the accused She stated that after about 3 months of the marriage, the accused She stated that after about 3 months of the marriage, the accused She stated that after about 3 months of the marriage, the accused for nothing started maltreating her while saying that she was good for nothing started maltreating her while saying that she was go started maltreating her while saying that she was go She stated that they and could not even attend to household work. She stated that they and could not even attend to house and could not even attend to house had left Lovely in her matrimonial home with the help of had left Lovely in her matrimonial home with the help of had left Lovely in her matrimonial home with the help of had left Lovely in her matrimonial home with the help of Panchayat on two occasions, but the accused did not stop beating Panchayat on two occasions, but the accused did not stop beating Panchayat on two occasions, but the accused did not stop beating Panchayat on two occasions, but the accused did not stop beating visited the her. She stated that her brother Harjinder Singh had visited the her. She stated that her brother Harjinder Singh had her. She stated that her brother Harjinder Singh had to the occurrence and had house of the accused one day prior to the occurrence and had house of the accused one day prior house of the accused one day prior night and it was on the next day that he stayed there for the night and it was on the next day that he night and it was on the next day that he stayed there for (Harjinder Singh) came back and (Harjinder Singh) came back and told them that Lovely had been told them that Lovely had been Adesh set on fire by the accused and that thereafter they went to Adesh set on fire by the accused and that thereafter they went to set on fire by the accused and that thereafter they went to Hospital. Hospital PW-3 Surjit Singh Surjit Singh stated that he had prepared the scale site plan of the stated that he had prepared the scaled site plan of the place of occurrence and proved the same as Ex.PB. place of occurrence and proved the same as Ex.PB. place of occurrence and proved the same as Ex.PB. PW-4 Dr. Dinesh Kumar Sharma , ENT Surgeon, Adesh Hospital, Dr. Dinesh Kumar Sharma, ENT Surgeon, Adesh Hospital, , ENT Surgeon, Adesh Hospital, 27.08.2000, he was posted in Adesh Muktsar, stated that on 27.08.2000, he was posted in Adesh 27.08.2000, he was posted in Adesh Muktsar, Hospital and was on emergency duty when Lovely was brought to Hospital and was on emergency duty when Lovely was brought to Hospital and was on emergency duty when Lovely was brought to Hospital and was on emergency duty when Lovely was brought to the hospital having sustained burn injuries to the extent of 90% the hospital having sustained burn injuries to the extent of 90% the hospital having sustained burn injuries to the extent of 90% the hospital having sustained burn injuries to the extent of 90% and that he and that she expired on the said day at about 10.30 PM and that he and that she expired on the said da and that she expired on the said da had sent information to the Police Station City Muktsar/Sadar had sent information to the Police Station City Muktsar/Sadar had sent information to the Police Station City Muktsar/Sadar had sent information to the Police Station City Muktsar/Sadar Muktsar. Muktsar. Dr. M.L.Ashwani, Medical Officer, Civil Hospital, Muktsar, stated PW-5 Dr. M.L.Ashwani, Medical Officer, Civil Hospital, Muktsar, stated Dr. M.L.Ashwani, Medical Officer, Civil Hospital, Muktsar, stated Dr. M.L.Ashwani, Medical Officer, Civil Hospital, Muktsar, stated that on 28.08.2000, he had conducted that on mortem examination on 28.08.2000, he had conducted post-mortem examination on . He opined that the cause of death was the dead body of Lovely. He opined that the cause of death was . He opined that the cause of death was the dead body of Lovely VIMAL KUMAR 2025.07.09 17:08 I attest to the accuracy and integrity of this document CRA-D-915-DBA DBA-2004 (O&M) ( 5 ) . due to shock as a result of extensive burns to the extent of 90%. due to shock as a result of extensive burns due to shock as a result of extensive burns He proved the post-mortem report as Ex.PD. He proved the post mortem report as Ex.PD. PW-6 ASI Shamsher Singh , who had recorded the statement of the ASI Shamsher Singh, who had recorded the statement of the , who had recorded the statement of the 26.08.2000 deceased Lovely, stated that he visited the hospital on 26.08.2000 deceased Lovely, stated that he visited the deceased Lovely, stated that he visited the f Lovely pursuant to receipt of an intimation regarding admission of Lovely pursuant to receipt of an intimation regarding admission o pursuant to receipt of an intimation regarding admission o with burn injuries. He stated that in the first instance he tried to with burn injuries. He stated that in the first instance he tried to with burn injuries. He stated that in the first instance he tried to with burn injuries. He stated that in the first instance he tried to , but he was not available in his house contact the SDM, Muktsar, but he was not available in his house , but he was not available in his house contact the SDM, Muktsar and thereafter he approached the Tehsildar, who also was not and thereafter he approached the Tehsildar, who also was not and thereafter he approached the Tehsildar, who also was not and thereafter he approached the Tehsildar, who also was not submitted available and that thereafter he went to the hospital and submitted available and that thereafter he went to the hospita available and that thereafter he went to the hospita an application to ascertain as regards fitness of Lovely to make a an application to ascertain as regards fitness of Lovely to make a an application to ascertain as regards fitness of Lovely to make a an application to ascertain as regards fitness of Lovely to make a and that the Doctor gave his opinion at about 9.55 AM statement and that the Doctor gave his opinion at about 9.55 AM and that the Doctor gave his opinion at about 9.55 AM statement that she was fit to make a statement and accordingly he recorded that she was fit to make a statement and accordingly he recorded that she was fit to make a statement and accordingly he recorded that she was fit to make a statement and accordingly he recorded on the basis of which FIR Ex.PF/1 was her statement Ex.PF on the basis of which FIR Ex.PF/1 was on the basis of which FIR Ex.PF/1 was her statement Ex.PF recorded. He further stated that he visited the place of occurrence recorded. He further stated that he visited the place of occurrence recorded. He further stated that he visited the place of occurrence recorded. He further stated that he visited the place of occurrence Inspector Gurmeet Singh took over the investigation of and later Inspector Gurmeet Singh took over the investigation of Inspector Gurmeet Singh took over the investigation of and later the case. He stated that Inspector Gurmeet Singh had taken into the case. He stated that Inspector Gurmeet Singh had taken into the case. He stated that Inspector Gurmeet Singh had taken into the case. He stated that Inspector Gurmeet Singh had taken into box, a stick and a can containing kerosene oil possession a match box, a stick and a can containing kerosene oil box, a stick and a can containing kerosene oil possession a match from the place of occurrence. from the place of occurrence. PW-7 Constable Panna Masih who is a formal witness, tendered into Constable Panna Masih, who is a formal witness, tendered into who is a formal witness, tendered into evidence his affidavit Ex.PG, evidence his affidavit Ex.P wherein he deposed that on , wherein he deposed that on 14.09.2000, MHC Gurmail Singh, P.S. Sadar Muktsar, 14.09.2000 handed Gurmail Singh, P.S. Sadar Muktsar, handed over two parcels containing burnt clothes and soil over to him for two parcels containing burnt clothes and soil to him for Forensic Science Laboratory, depositing the same in the office of Forensic Science Laboratory, depositing the same in the office of depositing the same in the office of Punjab, Chandigarh, which he Punjab, on which he accordingly deposited on 15.09.2000 and that as long as 15.09.2000 the parcels remained in his and that as long as the parcels remained in his on, the same were not tampered with. possession, the same were not tampered with. possessi PW-8 MHC Gurmail Singh who is a formal witness, tendered into MHC Gurmail Singh, who is a formal witness, tendered into who is a formal witness, tendered into evidence his affidavit Ex.PH, wherein he deposed that evidence his affidavit Ex.P on , wherein he deposed that on 26.08.2000, he was posted as MHC 26.08.2000 and that HC, P.S. Sadar Muktsar and that on the said day, Inspector Gurmeet on the said day, had deposited with him Inspector Gurmeet Singh had deposited with him containing the case property of this case i.e. a plastic box parcel containing the case property of this case i.e. a plastic box the case property of this case i.e. a plastic box can, a the burnt clothes, plastic box parcel containing soil, a plastic can, a the burnt clothes, plastic box parcel containing soil, a plastic the burnt clothes, plastic box parcel containing soil, a plastic VIMAL KUMAR 2025.07.09 17:08 I attest to the accuracy and integrity of this document CRA-D-915-DBA DBA-2004 (O&M) ( 6 ) He further deposed that on stick and a match box (Meghna). He further deposed that on stick and a match box (Meghna) stick and a match box (Meghna) he handed over two parcels containing burnt clothes 14.09.2000, he handed over two parcels containing burnt clothes he handed over two parcels containing burnt clothes 14.09.2000 and soil to Constable Panna Masih for and soil depositing the same in the Constable Panna Masih for depositing the same in the and office of Forensic Science Laboratory, Punjab, Chandigarh and office of Forensic Science Laboratory, Punjab, Chandigarh office of Forensic Science Laboratory, Punjab, Chandigarh that Constable Panna Masih, which he that Constable Panna Masih, on which he accordingly deposited on 15.09.2000 and that as long as 15.09.2000 the parcels remained in his and that as long as the parcels remained in his possession, the same were not tampered with. possession, the same were not tampered with possession, the same were not tampered with DSP Gurmeet Singh, who had conducted investigation in the PW-9 DSP Gurmeet Singh, who had conducted investigation in the DSP Gurmeet Singh, who had conducted investigation in the DSP Gurmeet Singh, who had conducted investigation in the matter, stated with regard to the same. He specifically stated matter, stated with regard to the same. He specifically stated matter, stated with regard to the same. He specifically stated matter, stated with regard to the same. He specifically stated place of occurrence and taking into regarding visit at the place of occurrence and taking into place of occurrence and taking into regarding visit possession burnt pieces of clothes, kerosene oil can, a stick etc. possession burnt pieces of clothes, kerosene oil can, a stick etc. possession burnt pieces of clothes, kerosene oil can, a stick etc. PW-10 Dr. Manjla stated that on 26.08.2000, Lovely (deceased) was Dr. Manjla stated that on 26.08.2000, Lovely (deceased) was on 26.08.2000, Lovely (deceased) was brought by her husband Raj Singh in Adesh and Research Centre brought by her husband Raj Singh in Adesh and Research Centre brought by her husband Raj Singh in Adesh and Research Centre brought by her husband Raj Singh in Adesh and Research Centre and that she had sent intimation to the SHO, and Hospital, Muktsar and that she had sent intimation to the SHO, and that she had sent intimation to the SHO, and Hospital, Muktsar Police Station Sadar Muktsar regarding the arrival of Lovely with Police Station Sadar Muktsar regarding the arrival of Lovely with Police Station Sadar Muktsar regarding the arrival of Lovely with Police Station Sadar Muktsar regarding the arrival of Lovely with burn injuries and proved the same as Ex.PC. burn injuries and proved the same as Ex.PC. burn injuries and proved the same as Ex.PC. SI Jaswinder Singh stated with regard to preparation of inquest PW-11 SI Jaswinder Singh stated with regard to preparation of inquest SI Jaswinder Singh stated with regard to preparation of inquest SI Jaswinder Singh stated with regard to preparation of inquest .08.2000, he had arrested Sukhmander report. He stated that on 30.08.2000, he had arrested Sukhmander .08.2000, he had arrested Sukhmander report. He stated that on Singh and Hardev Singh accused. Singh and Hardev Singh accused. 7. the Upon conclusion of the prosecution evidence, statements of both the Upon conclusion of the prosecution evidence, statement Upon conclusion of the prosecution evidence, statement accused were ere recorded in terms of Section 313 Cr.P.C. the entire recorded in terms of Section 313 Cr.P.C., wherein the entire prosecution evidence was put to them, but the accused pleaded that they prosecution evidence was put to them, but the accused pleaded that they prosecution evidence was put to them, but the accused pleaded that they prosecution evidence was put to them, but the accused pleaded that they had been falsely implicated. In his statement, a had been falsely implicated. Sukhmander Singh In his statement, accused Sukhmander Singh kerosene oil on Lovely had caught fire accidently while pouring kerosene oil on Lovely had caught fire accidently while pouring stated that Lovely had caught fire accidently while pouring the firewood and that he alone was present in the house at wood to prepare meals and that he alone was present in the house at and that he alone was present in the house at that time and had tried to save Lovely and in that process even his clothes that time and had tried to save Lovely and in that process even his clothes that time and had tried to save Lovely and in that process even his clothes that time and had tried to save Lovely and in that process even his clothes had caught fire and that he had taken Lovely to Adesh Hospital, Muktsar had caught fire and that he had taken Lovely to Adesh Hospital, Muktsar had caught fire and that he had taken Lovely to Adesh Hospital, Muktsar had caught fire and that he had taken Lovely to Adesh Hospital, Muktsar for treatment. In their defence, the accused examined for treatment. Gurtej Singh, In their defence, the accused examined DW-1 Gurtej Singh, VIMAL KUMAR 2025.07.09 17:08 I attest to the accuracy and integrity of this document CRA-D-915-DBA DBA-2004 (O&M) ( 7 ) Hardev Singh accused had come to him at who stated that on 26.08.2000, Hardev Singh accused had come to him at Hardev Singh accused had come to him at who stated that on about 6.00 AM or 6.15 AM and had asked him to provide some space for about 6.00 AM or 6.15 AM and had asked him to provide some space for about 6.00 AM or 6.15 AM and had asked him to provide some space for about 6.00 AM or 6.15 AM and had asked him to provide some space for in the meantime, they heard noise from the installing flour mill and that in the meantime, they heard noise from the in the meantime, they heard noise from the installing flour mill and that d when they went there, they saw that son of house of the accused and when they went there, they saw that son of d when they went there, they saw that son of house of the accused an Hardev Singh was pouring water on his wife Lovely. He further stated that Hardev Singh was pouring water on his wife Lovely. He further stated that Hardev Singh was pouring water on his wife Lovely. He further stated that Hardev Singh was pouring water on his wife Lovely. He further stated that Lovely was going to pour kerosene oil on damp Lovely was going to firewood, but the same fell damp firewood, but the same fell on her clothes and she caught fire. DW-2 on her clothes and she caught fire. d that on 2 Gursewak Singh stated that on , Gurpreet Singh was present in their village Ramgarh Choonga 26.08.2000, Gurpreet Singh was present in their village Ramgarh Choonga , Gurpreet Singh was present in their village Ramgarh Choonga , Gurpreet Singh was present in their village Ramgarh Choonga alongwith Gurpreet Singh in a and that he had gone to village Balamgarh alongwith Gurpreet Singh in a and that he had gone to village Balamgarh and that he had gone to village Balamgarh bus, which leaves at 6.30 AM. He stated that when the bus halted in front bus, which leaves at 6.30 AM. He stated that when the bus halted in front bus, which leaves at 6.30 AM. He stated that when the bus halted in front bus, which leaves at 6.30 AM. He stated that when the bus halted in front there was noise commotion but by of the house of the accused at bus-stop there was noise commotion but by there was noise commotion but by of the house of the accused taken to hospital. the said time Lovely had been taken to hospital. the said time 8. The trial Court, upon marshalling the evidence on record The trial Court accused marshalling the evidence on record, held accused guilty of having committed offence under Section 302/34 Hardev Singh guilty of having committed offence under Section 302/34 guilty of having committed offence under Section 302/34 Hardev Singh IPC, whereas accused Sukhmander Singh @ Raj Singh (respondent) was IPC, whereas accused Sukhmander Singh @ Raj Singh (respondent) was IPC, whereas accused Sukhmander Singh @ Raj Singh (respondent) was IPC, whereas accused Sukhmander Singh @ Raj Singh (respondent) was committed offence under Section 323 IPC, but was held guilty of having committed offence under Section 323 IPC, but was committed offence under Section 323 IPC, but was held guilty of having acquitted with regard to offence under Section 302 IPC. acquitted with regard to offence under Section 302 IPC. acquitted with regard to offence under Section 302 IPC. 9. Learned State counsel, while assailing the Learned State counsel findings regarding the impugned findings regarding acquittal of respondent Sukhmander Singh with regard to offence under acquittal of respondent Sukhmander Singh with regard to offence under acquittal of respondent Sukhmander Singh with regard to offence under acquittal of respondent Sukhmander Singh with regard to offence under Section 302 IPC, submitted that it is a case where Section 302 IPC, the incident had taken it is a case where the incident had taken place in the matrimonial home of the deceased, where her husband place in the matrimonial home of the deceased, where her husband place in the matrimonial home of the deceased, where her husband place in the matrimonial home of the deceased, where her husband Sukhmander Singh @ Raj Singh (respondent) was also present and that Sukhmander Singh @ Raj Singh (respondent) was also present and that Sukhmander Singh @ Raj Singh (respondent) was also present and that Sukhmander Singh @ Raj Singh (respondent) was also present and that been giving there is sufficient evidence on record to show that he had been giving there is sufficient evidence on record to show that there is sufficient evidence on record to show that beatings to the deceased at the instance of co beatings to the deceased at t accused i.e. his brother and he instance of co-accused i.e. his brother and father and in fact even on the day of occurrence, he had given beatings with father and in fact even on the day of occurrence, he had given beatings with father and in fact even on the day of occurrence, he had given beatings with father and in fact even on the day of occurrence, he had given beatings with VIMAL KUMAR 2025.07.09 17:08 I attest to the accuracy and integrity of this document CRA-D-915-DBA DBA-2004 (O&M) ( 8 ) did not stick to the deceased and under these circumstances, even if he did not stick to the deceased and under these circumstances a stick to the deceased and under these circumstances e having himself set the deceased on fire, he was vicariously liable having himself set the deceased on fire, he was vicariously liabl himself set the deceased on fire, he was vicariously liabl participated in the occurrence and having given blow with a stick to the participated in the occurrence and having given blow with a stick to the participated in the occurrence and having given blow with a stick to the participated in the occurrence and having given blow with a stick to the being deceased. It has further been submitted that the accused/respondent being deceased. It has further been submitted that the accused/respondent deceased. It has further been submitted that the accused/respondent husband of the deceased was in fact under a bounden duty to ensure safety husband of the deceased was in fact under a bounden duty to ensure safety husband of the deceased was in fact under a bounden duty to ensure safety husband of the deceased was in fact under a bounden duty to ensure safety of his wife and not havin g done so when his wife was set on fire in front of and not having done so when his wife was set on fire in front of g done so when his wife was set on fire in front of his eyes and in fact having also given a blow with stick to her, his his eyes and in fact having also given a blow with stick to her, his his eyes and in fact having also given a blow with stick to her, his his eyes and in fact having also given a blow with stick to her, his complicity with regard to offence under Section 302 IPC is clearly evident. complicity with regard to offence under Section 302 IPC is clearly evident. complicity with regard to offence under Section 302 IPC is clearly evident. complicity with regard to offence under Section 302 IPC is clearly evident. f acquittal with Learned State counsel, thus, submitted that the findings of acquittal with Learned State counsel, thus, submitted that the findings o Learned State counsel, thus, submitted that the findings o regard to offence under Section 302 IPC be set aside and judgment be regard to offence under Section 302 IPC be set aside and judgment be regard to offence under Section 302 IPC be set aside and judgment be regard to offence under Section 302 IPC be set aside and judgment be Sukhmander Singh @ Raj Singh be reversed and the accused/respondent Sukhmander Singh @ Raj Singh be Sukhmander Singh @ Raj Singh be reversed and the held guilty for committing an offence under Section 302 IPC as well. held guilty for committing an offence under Section 302 IPC as well. held guilty for committing an offence under Section 302 IPC as well. the respondent/accused On the other hand, learned counsel representing the respondent/accused On the other hand, learned counsel representing 10. On the other hand, learned counsel representing even if the entire case of prosecution, which is primarily submitted that even if the entire case of prosecution, which is primarily even if the entire case of prosecution, which is primarily submitted that based on dying declaration of the deceased, is taken to be correct, still apart based on dying declaration of the deceased, is taken to be correct, still apart based on dying declaration of the deceased, is taken to be correct, still apart based on dying declaration of the deceased, is taken to be correct, still apart tick attributed the respondent, there is from the solitary blow with a stick attributed the respondent, there is tick attributed the respondent, there is from the solitary blow with a s nothing else on record from which the intention of the respondent to kill his nothing else on record from which the intention of the respondent to kill his nothing else on record from which the intention of the respondent to kill his nothing else on record from which the intention of the respondent to kill his discerned. It has further been submitted that in fact the very wife can be discerned. It has further been submitted that in fact the very discerned. It has further been submitted that in fact the very wife can be conduct of the respondent in having immediately taken his wif conduct of the respondent e to the in having immediately taken his wife to the hospital clearly shows that he never nursed any intention to kill her, as has hospital clearly shows that he never nursed any intention to kill her, as has hospital clearly shows that he never nursed any intention to kill her, as has hospital clearly shows that he never nursed any intention to kill her, as has . Learned counsel, thus, prayed for been rightly observed by the trial Court. Learned counsel, thus, prayed for . Learned counsel, thus, prayed for been rightly observed by the trial Court dismissal of appeal. dismissal of appeal. Court and We have considered the rival submissions addressed before this Court and We have considered the rival submissions addressed before this 11. We have considered the rival submissions addressed before this with the assistance of learned counsel have also perused the record of the with the assistance of learned counsel have also perused the record of the with the assistance of learned counsel have also perused the record of the with the assistance of learned counsel have also perused the record of the case. VIMAL KUMAR 2025.07.09 17:08 I attest to the accuracy and integrity of this document CRA-D-915-DBA DBA-2004 (O&M) ( 9 ) Admittedly, the prosecution version is primarily based on dying declaration 12. Admittedly, the prosecution version is primarily based on dying declaration Admittedly, the prosecution version is primarily based on dying declaration Admittedly, the prosecution version is primarily based on dying declaration made by the deceased shortly before her death, which was recorded (Ex.PF) made by the deceased shortly before her death, which was recorded made by the deceased shortly before her death, which was recorded made by the deceased shortly before her death, which was recorded by ASI Shamsher Singh (PW Shamsher Singh (PW-6). The relevant of the said statement 6). The relevant extract of the said statement , wherein the role of the respondent (Sukhmander Singh @ Raj (Ex.PF), wherein the role of the respondent (Sukhmander Singh @ Raj , wherein the role of the respondent (Sukhmander Singh @ Raj , wherein the role of the respondent (Sukhmander Singh @ Raj is described, is reproduced hereinunder: Singh) is described, is reproduced hereinunder: is described, is reproduced hereinunder: ………….Upon which, they started saying that I was ill “…………. mannered and Upon which, they started saying that I was ill-mannered and taunted me for having became part of taunted My husband became part of their family. My husband and my husband’s Sukhmander Singh started beating me with a stick and my husband’s Sukhmander Singh started beating me with a stick Sukhmander Singh started beating me with a stick younger brother Gurpreet Singh said that kerosene oil be poured on me. younger brother Gurpreet Singh said that kerosene oil be poured on me. younger brother Gurpreet Singh said that kerosene oil be poured on me. younger brother Gurpreet Singh said that kerosene oil be poured on me. My father-in-law poured kerosene oil upon me and Gurpreet Sing My father h set me law poured kerosene oil upon me and Gurpreet Singh set me on fire with a match box…………. My entire body and my clothes caught on fire with a match box…………. My entire body and my clothes caught on fire with a match box…………. My entire body and my clothes caught on fire with a match box…………. My entire body and my clothes caught My husband Sukhmander Singh @ Raj Singh being scared arranged fire. My husband Sukhmander Singh @ Raj Singh being scared arranged My husband Sukhmander Singh @ Raj Singh being scared arranged fire. for a conveyance and brought me to Adesh Hospital and got me admitted for a conveyance and brought me to Adesh Hospital and got me admitted for a conveyance and brought me to Adesh Hospital and got me admitted for a conveyance and brought me to Adesh Hospital and got me admitted where I am under treatment……..” where I am under treatment particularly the above referred rusal of the dying declaration (Ex.PF) particularly the above referred rusal of the dying declaration (Ex.PF) 13. A perusal of the dying declaration (Ex.PF) extract clearly shows that the respondent had neither poured kerosene oil on extract clearly shows that the respondent had neither poured kerosene oil on extract clearly shows that the respondent had neither poured kerosene oil on extract clearly shows that the respondent had neither poured kerosene oil on nor the deceased nor had set her on fire nor had uttered any word and nor the deceased nor had set her on fire nor had uttered any word the deceased nor had set her on fire nor had uttered any word exhorted his co-accused to kill his wife. exhorted his co While it is evident that he had While it is evident that he had given a stick blow to his wife before she was set on fire by co given a stick blow to his wife , but before she was set on fire by co-accused, but apart from the same, there is nothing else from which apart from the same, there is any semblance nothing else from which even any semblance ement of intention to kill his wife could be inferred. A perusal of statement of intention to kill his wife could be inferred. of intention to kill his wife could be inferred. 10 Dr. Manjla also shows that it was the respondent (Sukhmander PW-10 Dr. Manjla also shows that it was the respondent (Sukhmander 10 Dr. Manjla also shows that it was the respondent (Sukhmander 10 Dr. Manjla also shows that it was the respondent (Sukhmander Singh @ Raj Singh), who had taken Lovely (deceased) Singh @ Raj Singh), who Adesh Hospital, Lovely (deceased) to Adesh Hospital, Muktsar. T he victim was the best person to narrate about the occurrence The victim was the best person to narrate about the occurrence he victim was the best person to narrate about the occurrence and this Court does not find any reason to disbelieve the same. and this Court does not find any rea Her son to disbelieve the same. Her does not show that her husband had any intention to kill statement (Ex.PF) does not show that her husband had any intention to kill does not show that her husband had any intention to kill statement (Ex.PF) VIMAL KUMAR 2025.07.09 17:08 I attest to the accuracy and integrity of this document CRA-D-915-DBA DBA-2004 (O&M) so as to be held her or had taken any such step indicating any such intention so as to be held her or had taken any such step indicating any such intention her or had taken any such step indicating any such intention ( 10 ) vicariously liable. vicariously liable Ex.PF), the prosecution banks Other than the aforesaid dying declaration (Ex.PF), the prosecution banks Other than the aforesaid dying declaration ( 14. Other than the aforesaid dying declaration ( upon the testimony of PW-1 Harjinder Singh. Although PW upon the testimony of PW 1 Harjinder Harjinder Singh. Although PW-1 Harjinder Sukhmander Singh @ Singh did state that it was both Hardev Singh and Sukhmander Singh @ Singh did state that it was both Hardev Singh and Singh did state that it was both Hardev Singh and Raj Singh (respondent), who poured kerosene oil on the deceased, but the Raj Singh (respondent), who poured kerosene oil on the deceased, but the Raj Singh (respondent), who poured kerosene oil on the deceased, but the Raj Singh (respondent), who poured kerosene oil on the deceased, but the same rather appears to be an improvement qua the role attributed to the rather appears to be an improvement qua the role attributed to the appears to be an improvement qua the role attributed to the respondent keeping in view the fact that the victim did not utter any word keeping in view the fact that the victim did not utter any word keeping in view the fact that the victim did not utter any word against respondent respondent with regard to pouring The trial ing kerosene oil on her. The trial held the Court while taking notice of all the aforesaid facts has correctly held the Court while taking notice of all the aforesaid Court while taking notice of all the aforesaid accused/respondent guilty for committing offence under Section 323 IPC accused/respondent guilty for committing offence under Section 323 IPC accused/respondent guilty for committing offence under Section 323 IPC accused/respondent guilty for committing offence under Section 323 IPC only and has acquitted him in respect of charges under Section 302 IPC. only and has acquitted him in respect of charges under Section 302 IPC. only and has acquitted him in respect of charges under Section 302 IPC. only and has acquitted him in respect of charges under Section 302 IPC. We do not find any reason to take a different view. We do not find any reason to take a different view. We do not find any reason to take a different view. 15. Having regard to the evid ence brought on record by the prosecution, as has Having regard to the evidence brought on record by the prosecution, as has ence brought on record by the prosecution, as has been discussed above, we do not find any ground to interfere with the been discussed above, we do not find any ground to interfere with the been discussed above, we do not find any ground to interfere with the been discussed above, we do not find any ground to interfere with the findings of acquittal with respect to offence under Section 302 IPC, as are findings of acquittal with respect to offence under Section 302 IPC, as are findings of acquittal with respect to offence under Section 302 IPC, as are findings of acquittal with respect to offence under Section 302 IPC, as are . Finding no recorded by the trial Court and the same are hereby affirmed. Finding no recorded by the trial Court and the same are hereby affirmed recorded by the trial Court and the same are hereby affirmed merit in the instant appeal, the same is hereby dismissed. merit in the instant appeal, the same is hereby dismissed. merit in the instant appeal, the same is hereby dismissed. GURVINDER SINGH GILL) (GURVINDER SINGH GILL JUDGE 08.07.2025 Vimal (JASJIT SINGH BEDI) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No VIMAL KUMAR 2025.07.09 17:08 I attest to the accuracy and integrity of this document