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2008 Supreme(SC) 1541

S.B.SINHA, CYRIAC JOSEPH
Palwinder Singh – Appellant
Versus
Balwinder Singh – Respondent


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



























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