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Nawanshahr Court sentences woman accused to life imprisonment on basis of ‘dying declaration’ of deceased

Nawanshahr, June 9, 2023 (Yes Punjab News)
Disposing of a murder case of a woman who was set ablaze by her in-laws on July 30, 2011, the District and Session Court, Shaheed Bhagat Singh Nagar has sentenced a woman accused in the case to life term on successfully proving charges on Thursday.

The District and Sessions Judge, Kanwaljit Singh while pronouncing quantum of sentence, said that the third accused in the case was on the run till her arrest on April 7, 2019 while the other two accused (husband and mother –in-law) were already sentenced on January 22, 2013.

As per the FIR (No. 57 dated 31.08.2011, Police Station, Mukandpur) details, a married woman was set ablaze by her in-laws on 30.08.2011in Aur Area and the neighbors have rushed her to the Raja Hospital, Nawanshahr for treatment of burn injuries. Her dying declaration was recorded by the then Chief Judicial Magistrate, K S Cheema (Since retired) on 31.08.2011. She succumbed to burn injuries on 06.09.2011. Though her father and brother had resiled from their statements, the Court opined that conviction can be recorded on the basis of dying declaration if recorded and proved as per law. The court opined that truth sits upon the lips of a dying man. As per her dying declaration, she had accused her husband Romi, Mother-in-law Rani and Sister-in-law Paramjit Kaur for setting her ablaze for not meeting the demand of bringing Motorcycle from her parents.

The session court ruled out the defense council’s plea of happening of the incident by bursting of stove, non-presence of the third accused and challenging of dying declaration despite of 90-95 percent burn injuries etc. by citing reference of the Supreme Court and High Court Judgments. The court held the accused responsible in the wake of successfully proving the charges by the Public Prosecutor and assisted by the prosecutor for the complainant in the case.

The Court mentioned that considering the pleas taken by the convict and having going through the record and keeping in view the gravity and nature of the offence committed by her that on the kerosene oil poured by her mother Rani, upon Babbu, convict lit match stick and set Babbu on flames and thereby committed brutal murder of the victim Babbu, as such, in considered opinion of this Court, she is not entitled to any leniency from this Court.

The accused have been sentenced to life term under section 302 read with 34 of IPC besides a fine of Rs 10,000 by the District and Session Court.

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