Judgment

JAGANNATHA SHETTY, J.:- This appeal by speical leave is from a judgment of the High Court of Punjab & Haryana in Criminal Appeal No. 479-DB of 1985. The accused Amarjit Singh, respondent herein, was convicted by the trial Judge for his wife being put on fire. He was sentenced to imprisonment for life. On appeal, the High Court, acquitted him. The validity of the order of acquittal is challenged in this appeal.

2. The prosecution case runs like this : Amarjit Singh was married to Balwinder Kaur on November 28, 1984. He had once gone abroad before the marriage. He wanted to go again. But he was short of money. He was pressing his wife to get him Rs. 16,000/- to cover his foreign travel expenses. On March 10, 1985, her brother, Sarwan Singh, came to take her to his village. But she was not allowed to go by her husband. He was actually insulted. Balwinder Kaur then told the brother that she was being pressurised and also throttled for not satisfying the dowry demand. Sarwan Singh returned to his village. It is in Bassi Kalan, Distt. Hoshiarpur. He apprised the matter to his father, Nasib Singh. On March 20, 1985, Balwinder Kaur when in the kitchen was found inflames. On hearing her shrieks neighbours collected and extinguished the fire. She was taken to Civil Dispensary, Bhogpur at 10.15 A.M. Dr. Jaswinder Singh, P.M. 4 found sixty per cent burn injury on her body. After giving her first aid, he advised that she be taken to Civil Hospital, Jullundur. Simultaneously he sent intimation to Station House Officer, Bhogpur Police Station.

3. Balwinder Kaur was taken to Civil Hospital, Jullundur where she was admitted for treatment. Dr. Jasbir Singh, PW 5, admitted her and gave her morphia injection. It may be stated that she was also given a similar injection by Dr. Jaswinder Singh at the Civil Dispensary, Bhogpur. Upon intimation about the incident, ASI Kashmira Singh, PW 9 reached the Civil Dispensary, Bhogpur. He was informed that the patient was taken to Jullundur. He straight proceeded to the Civil Hospital, Jullundur. He reached there at 1.30 p.m. and enquired from the doctor whether Balwinder Kaur was in a fit condition to make statement. Dr. Jasvir Singh, who received the application to that effect informed the ASI in the negative. The ASI returned to the Police Station.

4. The doctor at Jullundur Hospital also could not provide proper treatment to Balwinder Kaur. He referred her case to Dayanand Medical College Hospital, Ludhiana. Thereupon she was taken to that Hospital. She was admitted on the same day at 10.40 p.m. by Dr. Ashok Kumar Gupta, PW 2. It appears that a message was flashed to Bhogpur Police Station that she was admitted in the Medical College Hospital, Ludhiana. ASI, Bhogpur reached the Medical College Hospital at about 4.00 p.m. on March 21. 1985. After obtaining certificate of fitness from Dr. Rajnish Talwar, PW 3, he recorded the statement of Balwinder Kaur. The statement was attested by the doctor. That statement became the basis of the First Information Report in this case.

5. Balwinder Kaur did not survive. On March 23, 1985 at 8.30 p.m. she succumbed to burn injuries. Her death was intimated to the Police Station at Bhogpur. ASI again came there, and conducted the necessary investigation.

6. The post-mortem report reveals that Balwinder Kaur had burns all over the body except at the lower limbs below the knees and some areas on the back. There was, however, no smell of kerosene oil. In the opinion of the doctor, the death was due to shock and haemorrhage as a result of ante-mortem extensive burns which were sufficient to cause her death in the ordinary course of nature.

7. The prosecution relied upon two types of evidence in this case : (i) The testimony of Nasib Singh, (PW 6) as an eye witness and (ii) the dying declaration of Balwinder Kaur recorded by the ASI. Besides, the prosecution examined Sarwan Singh, PW 7, to speak about the motive for murder. The prosecution has also examined four doctors who h