Kanwaljit Singh Ahluwalia, J. - (1.) A jilted lover, whose advances were spurned off and proposal of marriage was rejected, unable to come out of frustration, accompanied by his three buddies on 18th of May, 2011 at about 06:00/07:00 P.M. In the house of his beloved caused her death, after pouring kerosene oil upon her and setting her on fire.
(2.) In the present appeal, following questions draw our attention: - A. Whether precedence is to be given to the dying declaration (Exhibit -P/5) recorded by Sub Divisional Magistrate, Bhagwat Singh (PW -2) over oral testimony of Leela Kanwar (PW -5) or history of patient noted in the bed -head tickets of deceased (Exhibit -D/3 and Exhibit -D/4)? B. Whether pouring of kerosene oil on deceased, Sheela Kanwar and setting her on fire is individual act of rejected suitor, Arjun Sharma or his companions too?. C. Whether the dying declaration recorded by the Investigating Officer (Exhibit -P/3) and the dying declaration (Exhibit -P/5) recorded by the Sub Divisional Magistrate can be read in harmony or they are to be construed as contradictory to each other?.
(3.) To answer the above questions, it shall be necessary for us to divulge the facts of the case.;