BALBIR SINGH Vs. STATE OF PUNJAB
LAWS(SC)-2006-9-79
SUPREME COURT OF INDIA
Decided on September 26,2006

BALBIR SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents





Cited Judgements :-

PATHAN SHAFI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2016-4-36] [REFERRED TO]
JAGDISH VS. STATE [LAWS(RAJ)-2013-9-96] [REFERRED TO]
MALKIAT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2019-5-248] [REFERRED TO]
JAGANBHAI SHANKARBHAI PATIL VS. STATE OF GUJARAT [LAWS(GJH)-2016-4-90] [REFERRED TO]
BALAMURUGAN VS. STATE BY INSPECTOR OF POLICE KOODAKOVIL POLICE STATION MADURAI DISTRICT [LAWS(MAD)-2012-2-550] [REFERRED TO]
SHAIK SHAFIULLA ALIAS SHAFI ALIAS ARAKA SHAFI VS. STATE OF A P [LAWS(APH)-2006-11-57] [REFERRED TO]
MANDALA MURALI VS. STATE OF A.P. [LAWS(TLNG)-2022-2-7] [REFERRED TO]
SAMADHAN DHUDAKA KOLI VS. STATE OF MAHARASHTRA [LAWS(SC)-2008-12-59] [REFERRED TO]
KAMLA BAI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2011-2-24] [REFERRED TO]
SAHEBRAO GORAKH BHANDARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-8-448] [RELIED ON]
SUBRAMANI VS. STATE REP. BY DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2013-1-299] [REFERRED TO]
SUKH RAM VS. STATE OF UP [LAWS(ALL)-2010-3-64] [REFERRED TO]
YASHPAL VS. STATE OF PUNJAB [LAWS(P&H)-2016-7-145] [REFERRED TO]
CHHOTU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-11-75] [REFERRED TO]
BARIYAM SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-9-87] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. DHARAM SINGH [LAWS(HPH)-2015-2-19] [REFERRED TO]
BADAL BISWAS AND ANOTHER VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2017-1-17] [REFERRED TO]
BADAL BISWAS AND ANOTHER VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2017-1-17] [REFERRED TO]
NAVNATH KASHINATH JETHITOR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-8-381] [REFERRED]
ALTAF VS. STATE [LAWS(ALL)-2017-11-204] [REFERRED TO]
JAYDEB SAU ALIAS SHAW VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-5-23] [REFERRED TO]
JAVED VS. STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2014-7-151] [REFERRED TO]
SOMAT VS. STATE OF M P [LAWS(MPH)-2010-11-54] [REFERRED TO]
MOHAMMED ARSHAD VS. STATE OF MAHARASHTRA [LAWS(SC)-2006-11-137] [REFERRED TO]
VITHAL VS. STATE OF MAHARASHTRA [LAWS(SC)-2006-11-32] [REFERRED TO]
ATBIR VS. GOVT OF N C T OF DELHI [LAWS(SC)-2010-8-19] [REFERRED TO]
STATE OF U.P. VS. KALIM ULLAH [LAWS(ALL)-2021-3-69] [REFERRED TO]
MURARI LAL VS. STATE [LAWS(DLH)-2012-8-374] [REFERRED TO]
SUBHASH CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-3-65] [REFERRED TO]
B N SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-7-9] [REFERRED TO]
SADAN RAM SORI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2009-5-8] [REFERRED TO]
RAJEEV VS. STATE OF M P [LAWS(MPH)-2016-8-124] [REFERRED]
SHARBATI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-8-80] [REFERRED TO]
AJJI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-7-35] [REFERRED TO]
RAFIQ SON OF ABDUL MAJEED VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-3-137] [REFERRED TO]
MSK Mills VS. MSK Mills Naukarara Sabha and another [LAWS(KAR)-2009-2-100] [REFERRED TO]
LAHU RAMCHANDRA BANDPATTE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-8-51] [REFERRED TO]
JAGDISHGIRI KHIMGIRI VS. STATE OF GUJARAT [LAWS(GJH)-2013-3-138] [REFERRED TO]
SANTAJI WAMAN GOPALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-2-169] [REFERRED TO]
GOPYA ALIAS GOPAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2008-8-8] [REFERRED TO]
REETA SONKAR; SUSHILA BAI; SUNIL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2007-8-169] [REFERRED]
SALIM GULAB PATHAN VS. STATE OF MAHARASHTRA THROUGH SHO [LAWS(SC)-2012-5-21] [REFERRED TO]
GULAM NABI ALIAS BALLU SON OF ABDUL SATTAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-10-74] [REFERRED TO]
SAJIYA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-4-294] [REFERRED TO]
ASHOK KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-6-129] [REFERRED TO]
JAGBIR SIGH VS. STATE [LAWS(DLH)-2013-10-78] [REFERRED TO]
DEVATSINGH @ DEVENDRASINGH AJITSINGH JADEJA VS. STATE OF GUJARAT [LAWS(GJH)-2008-12-249] [REFERRED TO]
KADWA & ANOTHER VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-296] [REFERRED TO]
SADASHIV DNYANU SUTAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-8-274] [REFERRED]
RAM GOPAL VS. STATE OF U.P. [LAWS(ALL)-2022-11-26] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)Appellant No.1 was married to Amarjit Kaur (deceased). She had been complaining of ill-treatment at the hands of her in-laws. The dispute between the deceased on the one hand and Appellants on the other was resolved by Panchayat. As despite the same, ill-treatment continued, an application was filed before the Senior Superintendent of Police by the deceased. Appellant No.1 was working as Sepoy in the Indian Army. He took leave for two months. A settlement was effected whereby Appellants were made responsible for any untoward incident that might happen to the deceased. She in view of the said settlement came to her matrimonial home. On 12.10.1995, she received 90% burn injuries. She was taken to a hospital. Although she was in her senses, having regard to the extent of burn injuries suffered by her, the doctors attending on her opined that her dying declaration should be taken. Her dying declaration was taken down by one Dr. Anoop Kumar in presence of other doctors including Dr. R.S. Kadiyan, Professor of Skin and VD Department, Christian Medical College, Ludhiana. The said dying declaration, marked as Ex. P-1, which was recorded at about 08.30 A.M. on 12.10.1995, reads as under :
"Pt. Amarjit Kaur w/o Balbir Singh, unit No.C-180136 aged 24 years, married for three years as stated by patient herself in presence of Dr. R.S. Kadyan (Addl. Deputy Medical Superintendent), Dr. Tejinder Singh (DCMO, CMCH Ludhiana. Pt. was brought to Casualty Deptt. Of CMCH Ludhiana at 8.30 a.m. on 12.10.95 by neighbours along with husband who was forced by the neighbours to accompany them as stated by the Pt. According to patient she has conflict with her husband and mother-in-law for whole night yesterday, at 4.00 a.m. in the morning when she went for urination, her husband approached from behind and threw kerosene oil and ignited her and locked the door from outside. She cried and was rescued by neighbours and brought to the hospital. Patient was referred from Civil Hospital, Malerkotla."

(2.)Her parents in the meanwhile were also informed. They came to the hospital. The First Information Report was lodged at about 09.30 a.m. on the same day; whereupon a case under Sections 307/498-A of the Indian Penal Code was registered. The Investigating Officer came to the hospital and recorded a second dying declaration which was marked Ex.P-J. In the said dying declaration she not only named her husband but also her mother-in-law, inter alia, stating :
"But dispute continued as usual. Today at about 5 A.M., when I got up for urinating (sic for urination) and went inside the bath room constructed in the house. Then with an intention to kill me and as a part of their conspiracy, my husband Fauji Balbir Singh and mother-in-law Nachattar Kaur set me on fire after pouring kerosene, due to which I was badly burnt. I raised an alarm saying Bachao Bachao (Save-Save) and both of them ran away. My father-in-law Joga Singh with an intention to save me, first took me to Malerkotla Hospital in a Taxi from where I was referred to Patiala by the doctor due to extensive burns, but my father-in-law took me to CMC Ludhiana where I am lying on death bed. Action may be taken."

(3.)The said dying declaration bore her signature. She died on 16.10.1995 at about 01.15 a.m., whereupon a case under Section 302, IPC was registered. During trial the learned Sessions Judge framed charges under Section 302, IPC read with Section 34 thereof or in the alternative under Section 304-B read with Section 34, IPC. Appellants were also charged under Section 498-A read with Section 34, IPC. The charges framed by the learned Sessions Judge read as under :
"That on 12.10.1995 at about 5.00 A.M. within the revenue limits of village Bhurthala Mander, in furtherance of the common intention of both of you, you Balbir Singh and Nachhatar Kaur intentionally caused the death of Amarjit Kaur daughter of Ram Kishan Singh and thereby you both committed an offence punishable under Section 302 read with Section 34, IPC or in the alternative under Section 304-B read with Section 34, IPC and within the cognizance of this Court.

Secondly during the period from 1993 to 1995 in furtherance of the common intention of you both, you Balbir Singh and Nachhatar Kaur committed cruelty on aforesaid Amarjit Kaur d/o Ram Kishan Singh with a view coercing her to meet the unlawful demand of dowry and thereby you both committed an offence punishable under Section 498-A r.w. 34 of Indian Penal Code and within the cognizance of this Court.

And I hereby direct that you both be tried by this Court for the aforesaid offences."



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