IMPORTANT POINT
The reliability of a dying declaration can be questioned based on the victim's physical condition and the presence of contradictions in medical testimony, impacting the admissibility of such evidence in criminal proceedings.

JUDGMENT :

1. This application has been filed seeking suspension of sentence of the applicant/appellant- Sukhraj Singh @ Shavraj Singh during the pendency of the appeal.

2. The applicant/appellant has been convicted and sentenced by judgment and order of sentence dated 15/18.11.2023 in FIR No.115 dated 10.08.2019 registered at Police Station District Bathinda and to undergo imprisonment along with fine as under:-

3. Learned counsel for the applicant/appellant submits that it is alleged that the prosecution case is based on the alleged dying declaration of the deceased, who was the wife of the applicant. In her statement to the Police officer, she had stated that on account of quarrel with the applicant she had poured kerosene on herself and the applicant lit the matchstick and threw it on her. He, however, submits that the deceased had suffered 98 per cent burn injuries and the doctor had stated in his cross examination that the patient with 98-100 percent burn injuries is unable to speak and unfit to make statement. He had also stated in his cross examination that there is over writing on the time when the statement was recorded and that the statement had been recorded prior to him declaring the victim fit for making the statement and he was not present when the statement was recorded. The alleged dying declaration is the basis of the complaint but no other witness had come forward to support the prosecution story and as a matter of fact the father of the applicant, who was examined as PW-2 had stated that the victim had set herself ablaze, he tried to save her and had suffered burn injuries as well. The two minor children of the applicant and deceased were also present in the house when the incident took place but none of them was examined by the prosecution. The applicant has undergone an actual sentence of 04 years, 09 months and 02 days and is not involved in any other criminal case.

4. Learned State counsel has filed custody certificate which indicates that the applicant-appellant has undergone an actual sentence of 04 years, 09 months and 02 days. He, however, submits that there are serious allegations against the applicant and therefore, he is not entitled to the benefit of suspension of sentence at this stage.

5. Heard.

6. The appeal raises afore noted arguable issues. The prosecution case based on the statement of the deceased, who stated that she herself had poured kerosene and matchstick was allegedly lit by the applicant. It would be debatable as to whether the deceased who had sustained 98 per cent injuries would be in a position to make the statement in the afore noted facts and circumstances, when there are contradictions in the statement of the doctor. The applicant has undergone an actual sentence of 04 years, 09 months and 02 days and is not involved in any other criminal case. The hearing of the appeal is likely to take some time. Therefore, we deem it appropriate to suspend the sentence of the applicant/appellant.

7. Consequently, the application is allowed. The sentence of applicant/appellant – Sukhraj Singh @ Shavraj Singh shall remain suspended during the pendency of the appeal. He shall be released on bail subject to his furnishing requisite bonds to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate.