M.L.SINGHAL, J. - (1.) THROUGH this Crl. Misc. petition filed under Section 439(2) of the Code of Criminal Procedure, Asa Singh has prayed for the cancellation of bail allowed to Bachan Singh, Bhajan Singh and Harpal Singh accused in case FIR No. 347 dated 28.9.99 under Sections 306/323/34 IPC of PS Sadar Jalandhar in view of the provisions of Section 167(2) of the Code of Criminal Procedure by Additional Chief Judicial Magistrate, Jalandhar.
(2.) THE prosecution case, in brief, is that Surender Singh and others are brothers. Smt. Raj Kaur (who lost her life in this occurrence) was the wife of Surender Singh. Her jeth Bachan Singh did not have cordial relations with his brothers namely Surender Singh and others since 2-3 months prior to 9/99. There was bad blood in their house being generated by Bachan Singh towards his brother Surender SIngh and other brothers and he was on fighting spree with them. At about 9 PM on 27.9.99, Surender Singh went out of the room for bathing. In the meantime, Bachan Singh came from his shop and started quarrelling with Surender Singh saying where he was going and what he was staring at. Smt. Raj Kaur brought her husband Surender Singh inside. Bachan Singh started pelting brick-bats. Raj Kaur brought her husband out asking him to run away so that quarrel came to an end. Her jeth Bachan Singh and his wife's sister's husband Bhajan Singh and Harpal Singh alias Pal caught hold of Surender Singh and Harpal Singh and gave him beating. Raj Kaur made lot of entreaties to them. Raj Kaur entreated to them a lot that they should spare her husband. They caught hold of her as well and said "bring kerosene and finish her and how she was behaving". Pala brought kerosene from his house. Bhajan Singh caught hold of her, Bachan Singh's son also caught hold of her. She made lot of entreaties to spare her. Bachan Singh and his son poured kerosene of her and set her ablaze. Two of the accused kept holding Raj Kaur's husband Surender Singh in their grips and he was given severe thrashing. Surender Singh and Raj Kaur raised raula and they all ran away. Her husband put a bed sheet on her and extinguished fire. Thereafter, Pala and Bachan Singh's son and daughters came there. She was in bad shape, she was loaded in a car and taken to Shingara Hospital where her another jeth Kashmir Singh came. Kashmir Singh said that they would not keep her in Shingara Hospital. She was accordingly taken to Civil Hospital, Jalandhar and got admitted there. Bachan Singh and others took away her husband Surender Singh who had also come to Civil Hospital, Jalandhar to prevail upon him so that he did not proceed into the matter. As her condition worsened, she was taken to Sacred Hospital, Jalandhar where she was put under treatment. Matter was reported to the police by Raj Kaur when she was in Civil Hospital, Jalandhar on 28.9.99. On the basis of her statement, case FIR No. 347 was registered under Sections 307/34 IPC at PS Sadar, Jalandhar.
(3.) AS Raj Kaur was nearing death, her statement was got recorded by the police. Shri Pushpinder Singh, Judicial Magistrate First Class, Jalandhar recorded her statement in which the reiterated what had been stated by her to the police. Raj Kaur died due to the burn injuries received by her at the hands of Bachan Singh, Bhajan Singh, Harpal Singh, etc. on 27.9.99. Offence was converted into one under Section 302 IPC in the wake of the death of Raj Kaur.;