'Unbelievable That Husband Would Set Wife On Fire Over Separate Residence Demand': 22 Years On P&H High Court Acquits Man In Murder Case

The Punjab and Haryana High Court acquitted a man after 22 years, who was sentenced to life for allegedly setting his pregnant wife on fire, holding that it was highly unbelievable that a "trivial dispute" over separate residence could lead him to murder his wife adding that the alleged motive was extremely weak.The Court set aside the judgment passed by the Additional Sessions Judge, in 2004, which had convicted Teja Singh under Section 302 (murder) IPC and his brother Baljit Singh @ Goga also for murder along with common intention. The appeal against Baljit Singh stood abated due to his death in 2015.A division bench of Justice N.S. Shekhawat and Justice Sukhvinder Kaur said: "till further, even the motive on the part of the appellants was very weak to commit such a heinous crime. It was alleged by the prosecution that Virpal Kaur wanted the partition of the property, whereas Teja Singh, appellant No. 1 wanted to reside with his brother Baljit Singh, appellant No. 2 and due to the said grudge, both the brothers had set her on fire. It is highly unbelievable that due to such a trivial dispute, a person would set his own wife on fire, especially when he is not having any dispute with her."The Court noted that, even otherwise, as per the admitted stand of PW-3 Surjit Kaur, mother of the deceased, Virpal Kaur (deceased) was having a dispute with appellant No. 2 and his wife. Thus, it is apparent that Singh had no dispute with his wife and he had no reason to join hands with his brother, (appellant No. 2). Further, Kartar Singh, mediator of the marriage/maternal grandfather of the deceased, himself admitted that both the appellants, being brothers had already partitioned their property and land and they were separate. However, the dispute was only for providing separate residence to Virpal Kaur.Dispute Over Separate Residence Not A Credible MotiveThe prosecution alleged that the deceased, Virpal Kaur, wanted a separate residence, which led to friction with her husband Teja Singh and his brother Baljit Singh, culminating in her being set ablaze.Rejecting this submission, the High Court noted that there was no property dispute between the brothers, who had already partitioned their land and even prosecution witnesses admitted that the deceased's dispute was mainly with Baljit Singh and his wife.The Court observed that it was “highly unbelievable” that a husband would kill his pregnant wife over such a trivial disagreement, particularly when no other incriminating circumstances were convincingly proved.Case Based Primarily On Dying DeclarationThe prosecution case was primarily founded on a dying declaration allegedly made by Virpal Kaur on 11 July 2002, stating that her husband poured kerosene oil on her and his brother set her on fire.However, the High Court found the dying declaration unreliable and unsafe to sustain conviction.Serious Doubts Over Dying DeclarationThe Court flagged multiple infirmities the dying declaration was recorded by a police officer, not a Magistrate, without explaining why a Magistrate was not called.The medical endorsement certifying fitness was not written by the doctor, but by the investigating officer himself, it added.The Court pointed that no contemporaneous certificate showed that the deceased remained conscious throughout the recording and medical evidence showed 99% burns with severe respiratory involvement, making it doubtful that the deceased could give a detailed statement.The Court expressed anguish at the “casual and mechanical manner” in which the doctor discharged his duty while certifying the dying declaration, calling it a serious deviation from settled legal standards.Allegation Of Beating Found FalseThe dying declaration alleged that the accused continued beating the deceased after setting her on fire. However no doctor found any marks of beating and neither the medico-legal report nor the post-mortem supported this allegation.Evidence Suggested Suicide More ProbableEyewitness Ardas Singh and defence witness Rajinder Singh stated that the deceased had bolted the room from inside and was found burning when the door was forcibly opened.Photographic evidence also showed a bent door bolt, corroborating the defence version that the door was broken open from outside.The Court held that the defence version of suicide appeared more probable, especially when witnesses stated that the deceased was unconscious and unable to speak when rescued.Conduct Of Accused Inconsistent With GuiltThe Court also took note that the accused themselves shifted the deceased to multiple hospitals and they admitted her to CMC Ludhiana and signed hospital documents.It noted that treatment expenses were borne by the accused, not the deceased's family and the Court observed that such conduct was inconsistent with the behaviour of persons who had allegedly attempted to murder her.Concluding that the prosecution failed to establish guilt beyond reasonable doubt, the High Court held that the trial...

'Unbelievable That Husband Would Set Wife On Fire Over Separate Residence Demand': 22 Years On P&H High Court Acquits Man In Murder Case

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