ORDER

Leave granted.

1. These appeals are directed against the judgment and order dated 14.12.2005 passed in Criminal Revision No.2250 of 2003 by a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh whereby and whereunder the revision application filed by respondents-accused herein questioning the correctness of the order dated 30.10.2003 passed by the learned Sessions Judge refusing to discharge them in exercise of its jurisdiction under Section 227 of the Code of Criminal Procedure was allowed.

2. Husband of the deceased - Darshan Kaur is before us questioning the legality or validity of the said order.

3. Indisputably, the parties are neighbourers. It is, furthermore, not in dispute that the deceased was a dumb lady.

4. First Information Report proceeded on the basis that as they have no other place in their house for easing themselves, the deceased used to use the land of the respondents for that purpose. On 6.4.2001 early in the morning when she went to the land of the respondents, she was caught and set on fire after pouring kerosene on her.

5. Appellant before us was attracted by fire and brought her to the hospital. On the same day i.e.6.4.2001 itself, her dying declaration was recorded by the Executive Magistrate, Chamkaur Sahib. She identified respondents herein. The questions put to her and answers given thereto with sign are as under:

" Q. Whether you set on fire before rising the sun?

Ans. Yes, with sign of head.

Q. Who set on fire you?

Ans. Two persons set on fire me one of them was open beard and one was with cutting beard.

Q . Whether you can identify the person who set on fire you?

Ans. Yes, with signs. And then she identify Daljit Singh and Balwinder Singh sons of Faqir Singh resident of Dholran with sign of head.

Q. In which place and how you put on fire?

Ans. With signs these two persons forcibly set me on the fire in their cattle shed.

Q. Whether they set on fire you after pouring Kerosene?

Ans. No "

6. It, however, appears that another dying declaration was recorded by the Sub- Divisional Magistrate, Ropar on 11.4.2001. The material portion whereof reads as under:

"Aged 45-50 years. I have two sons and one daughter. Today morning at 5 a.m. I had gone out. Two persons came. Both were sikhs and were wearing turban tied and both were 6 Ft. in height. One of them was 40 years old and one of them is less aged whose name is not known. They are from my village. I dont know that, if there is any enmity with me or not. There is no toilet in the house to go out. They have caught hold me from the arms taken inside by opening the door. I was shouted at 5 A.M. but nobody heard my noise. There was no quarrel with these persons at any time. I was not even quarreled with my own family. They have not caught me with bad intention but caught me to put on the fire. After putting the fire my husband reached in 10-15 minutes and those persons ran away after putting the fire. I can recognise those persons and there is no quarrel in the house at any time and I was never went out from the house by quarreling. We are doing agriculture and there is no dearth of money.Tehal Singh is my Dewar and we are living in the house together. I can recognise to those persons."

7. Nine persons, thereafter, appear to be produced before her and she is said to have identified Kashmir Singh son of Gurbachan Singh and Satwinder Singh son of Mohinder Singh.

8. It, however, appears that her left thumb impression was not taken on the foot of the page. The left thumb impression of the deceased appears only on the first page and that too only after the signatures of the Sub-Divisional Magistrate wherafter the fact that nine persons produced for the test identification parade before her was recorded.

9. As indicated hereinbefore her left thumb impression was not taken at the end of the said statement. An application for discharge was filed before the learned Sessions Judge which, as noticed hereinbefore, has been dismissed.

10. Resp