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1998 Supreme(SC) 319

G.T.NANAVATI, V.N.KHARE
State Of Punjab – Appellant
Versus
Gian Kaur – Respondent


Judgment

Nanavati, J.-The State has filed this appeal against the judgment of the Punjab and Haryana High Court in Criminal Appeal No. 13/87. The High Court acquitted both the respondents for the offence punishable under Section 302 read with Section 34 IPC.

2. Both the respondents alongwith two others were tried for causing death of Rita. Respondents-Gian Kaur, Balvinder Kaur, Darshan Lal and Balbir were the mother-in-law, sister-in-law, father-in-law and hus­band respectively of Rita (deceased).

3. The prosecution case was that they were not satisfied with the dowry given to her by her parents at the time of her marriage and that had often led to quarrels between the accused and Rita and her parents. According to the prosecution, on 21.6.86 at about 6.00 p.m., Gian Kaur and Balvinder Kaur sprinkled kerosene on her and thereafter Gian Kaur set her on fire by throwing a lighted match stick on her. It was further alleged that the mother-in-law wanted to get her son re-married and for that reason also she wanted to kill her.

4. The only evidence which was relied on by the prosecution and on the basis of which the trial Court convicted Gian Kaur and Balvinder Kaur was the dying declarati




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