SABINA,J. - (1.) RESPONDENT No.1 had faced trial for commission of offence punishable under Section 306 of the Indian Penal Code, 1860 ( IPC for short) in FIR No.84 dated 23.5.2009 registered at police station Tanda. The trial Court, vide impugned judgment dated 14.10.2010, acquitted respondent No.1 of the charge framed against her. Hence, the application under Section 378 (4) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) has been filed by the complainant with a prayer for grant of leave to file an appeal against the judgment dated 14.10.2010.
(2.) AFTER hearing learned counsel for the applicant, I am of the opinion that the present application deserves to be dismissed. Prosecution story, in brief, is that deceased Kulwinder Kaur got married to Amardeep Singh in the year 1999. Kulwinder Kaur gave birth to two sons out of the said wedlock. Amardeep Singh went to Italy after his marriage. Rs. 50,000.00 had been given to the parents of Amardeep Singh by the complainant for sending Amardeep Singh abroad. However, parents of Amardeep Singh were not happy with the amount given to them. Kulwinder Kaur was being harassed by the accused. Kulwinder Kaur was being forced to bring another sum of Rs. 2,00,000.00 from her father in case, she wanted to join her husband in Italy. The trial Court, while acquitting respondent No.1 of the charge framed against her, held that Kulwinder Kaur was married to Amardeep Singh in the year 1999. She was blessed with two sons out of the said wedlock. Amardeep Singh had come from Dubai at the time of his marriage and after two years of his marriage he had gone to Italy. The occurrence had taken place in the year 2009. It had come on record that Kulwinder Kaur had got prepared her passport. Now the passports of her two minor children were to be got prepared. Complainant Jaswant Singh, while appearing in the witness box as PW-3, admitted in his cross-examination that his nephews were studying in Saint Soldier Divine Public School, Guru Nanak Nagar, Jaja Road, Tanda. He also admitted that Amardeep Singh had made every effort to make sure that his wife and two sons join him in Italy. Kulwinder Kaur was also keen in joining her husband in Italy. Due to delay in preparation of the passports of his nephews, Kulwinder Kaur used to remain under depression.
(3.) THE prosecution based reliance on oral dying declaration suffered by the deceased before PW-3 Jawant Singh and his father that she was fed up from the conduct of her in-laws and due to this reason, she had taken some poisonous substance. The said oral dying declaration was disbelieved by the trial Court on the ground that as per PW-1 Dr.Ranjit Singh, Kulwinder Kaur had been admitted in the hospital in an unconscious state and had failed to regain the consciousness till her death. Further it was noticed by the trial Court that Kulwinder Kaur was admitted in the hospital at 4.30 P.M. on 22.5.2009. At 4.35 P.M., she developed cardio respiratory arrest and could not be saved. Kulwinder Kaur was declared dead at 4.50 P.M. by Dr.Ranjit Singh. In these circumstances, there was no possibility of the deceased suffering an oral dying declaration before the complainant and his father before her death in the hospital..;