- (1.) Complainant has filed this application under Section 378 (4) Cr.P.C. seeking leave to file an appeal against judgment of acquittal dated 14.9.2011.
(2.) It was an allegation against respondent No.1 that he had made an attempt to kill the complainant by putting her on fire in the month of November 2002. FIR was recorded against the above respondent on 20.5.2008 in Police Station Lopoke for commission of offences under Sections 307, 450, 354 and 506 IPC. The trial Judge has noted following facts regarding case of the prosecution :- "That a complaint was made to police by Anoop Kaur wife of Mangal Singh, resident of village Bachiwind (complainant) on 20.5.2008, alleging that about two years ago, Dalbir Singh had set her on fire after pouring kerosene oil and she remained admitted in the hospital, but luckily, she was saved. At that time, with the intervention of respectables of village, a compromise was arrived at between her and Dalbir Singh and Dalbir Singh had agreed to pay her Rs. 50,000/- as expenses on her treatment, but he did not pay any money to her and when she demanded money from him, he threatened to kill her. Such complaint of Anoop Kaur was marked to S.P. (D), Amritsar, for inquiring into the allegations levelled by complainant in her complaint. During inquiry, Dalbir Singh was found to have committed offence under Sections 307, 452, 354 IPC and, thereafter, a case under Sections 307, 450, 354, 506 IPC was registered against him on the statement of Anoop Kaur, who stated to police that she has five sons and a daughter and all her children except Satnam Singh, used to do household work. That on 3.11.2002, she (complainant Anoop Kaur) accompanied by Paramjit Singh had gone to Police Station Lopoke, in connection with some personal work and accused Dalbir Singh had followed them and when she (Anoop Kaur) and Paramjit Singh came out of the Police Station, accused Dalbir Singh started hurling abuses and threatened to kill her. That at about 11.30 a.m. on 3.11.2002 her children had gone to the fields and she was alone in the house. Accused Dalbir Singh entered into her house and started beating her and pushed her inside the room and tried to commit rape upon her. On raising alarm by her, accused took a stove and sprinkled kerosene oil and lit the match stick and put her on fire and then ran away from the spot. On hearing her cries, Puran Singh and Bira son of Surain Singh rushed to the spot and they alongwith other inhabitants of the village got extinguished the fire and got her admitted in the hospital."
(3.) On the said complaint enquiry was conducted by Dilbag Singh Superintendent of Police (Head Quarter), Amritsar. After getting his report, above FIR was recorded against respondent No.1. The Investigating Officer ASI Hardeep Singh went to the place of occurrence and prepared a site plan Ex.PG. He also recorded statements of the witnesses. The respondent-accused was arrested on 13.9.2009. On a disclosure statement made, one stove was recovered, which was taken into possession against a recovery memo. On completion of investigation, final report was put in Court. Copies of the documents were supplied to the respondent-accused as per norms. The case was committed to the competent Court for trial. The accused-respondent was charge-sheeted to which he pleaded not guilty and claimed trial. The prosecution produced 7 witnesses and also brought on record documentary evidence to prove its case.;