Main Search Premium Members Advanced Search Disclaimer
Cites 1 docs
Section 34 in The Indian Penal Code
Citedby 24 docs - [View All]
Sakhari Alias Shakuntala Mundala ... vs State Of Maharashtra on 7 November, 2003
Prabhati Lal And Ors. vs State Of Rajasthan on 27 February, 2006
State Of M.P vs Dal Singh & Ors on 21 May, 2013
Arumugam vs State on 3 April, 2006
Mukesh vs State on 8 August, 2011

User Queries
Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
Supreme Court of India
The State Of Punjab vs Gian Kaur And Anr on 5 March, 1998
Author: Nanavati
Bench: G.T. Nanavati, V.N. Khare
           PETITIONER:
THE STATE OF PUNJAB

	Vs.

RESPONDENT:
GIAN KAUR AND ANR.

DATE OF JUDGMENT:	05/03/1998

BENCH:
G.T. NANAVATI, V.N. KHARE




ACT:



HEADNOTE:



JUDGMENT:

J U D G M E N T NANAVATI, J.

The State has filed t his appeal against the judgment of the Punjab & 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.

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).

The proesecution 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.

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 declaration recorded by ASI-Darshan Singh - PW 5.

The High Court disbelieved the dying declaration on the ground that even thought according to the medical evidence Rita had 100% burns over her body. The High Court relied upon the deposition of Doctor Aneja, who had performed the post-mortem and who has categorically stated that there were 100% burns over her body and both the thumbs of Rita were burnt. In view of such inconsistent evidence, the High Court was right in giving benefit of doubt to the respondents. It cannot be said in this case that the High Court has taken an unreasonable view.

This appeal is, therefore, dismissed, Bail bonds are ordered to be cancelled.