9911796707
TMI Blog2008 (10) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ars old and one of them is less aged whose name is not known. They are from my village. I don't 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no reason for the learned Sessions Judge to frame charges against the respondents; (ii) the dying declaration recorded by the learned Sub-Divisional Magistrate should be preferred to that of the dying declaration recorded by the learned Executive Magistrate. (iii) It was not necessary for the learned Sub-Divisional Magistrate, Ropar to take the left thumb impression of the deceased on all pages. (iv) There was no cause for the Sub-Divisional Magistrate, Ropar to make out a false case of test identification parade conducted on 11.4.2001. 12. Having heard learned Counsel for the parties, we are of the opinion that the High Court committed a serious error in passing the impugned judgment insofar as it entered into the realm of appreci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n had described the deceased merely as dumb and a paralytic person and not a deaf person. 15. Furthermore, it was not the stage where the High Court would prefer one dying declaration to that of the other. Indisputably, in her first dying declaration the deceased had identified respondents - Balwinder Singh and Daljit Singh. They were brought to the hospital for the purpose of identification and the learned Executive Magistrate recorded her statement on the basis of the signs made by her. 16. In this view of the matter, we are of the opinion that the impugned judgment cannot be sustained. It is set aside accordingly. The appeals are allowed. However, all the contentions of the parties shall remain open. The learned trial Judge is directed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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