Simarjit Kaur @ Geeta vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this petition is for grant of bail to the petitioner, Simarjit Kaur @ Geeta, who has been booked for having committed the offence punishable u/s 306 read with Section 34, IPC, in a case arising out of FIR No. 260, dated 29.11.2010, registered at Police Station, City Kotkapura, District Faridkot. When the present petition came up for hearing before the Co-ordinate Bench on 24.01.2013, the following order was passed:-

The Court has noticed with some concern that the dying declaration was recorded by the Magistrate as has been stated by the learned counsel appearing for State of Punjab on the previous date of hearing.

If that be so, then it is intriguing as to why the challan has been submitted by the Investigating officer u/s 306, IPC when the dying declaration and FIR suggest an offence u/s 302, IPC.

Let the entire record be produced before this Court on the next date of hearing.

Chief Judicial Magistrate, Faridkot, is directed to seize the entire record pertaining to the instant case and keep the same in safe custody and sent the same for perusal of this Court on the date fixed.

Learned State counsel has disclosed that ASI Gurmeet Singh was the Investigating Officer in this case who has conducted the investigation.

Adjourned to 28.02.2013.

Let a copy of this order be sent to CJM, Faridkot.

In compliance of the above, the complete lower court record relating to the present case has been received.

With the assistance of the learned counsel for the parties and the amicus curiae, I have gone through the entire material and found that there is dying declaration of Amarjit Kaur (deceased) before the Judicial Magistrate 1st Class, Faridkot, wherein it had been alleged that the petitioner, Simarjit Kaur @ Geeta, poured kerosene oil and the accused persons put Amarjit Kaur (deceased) on fire.

Vide order dated 20.01.2012 passed in Civil Writ Petition No. 3369 of 2011, titled as "Court on its own motion vs. State of Punjab & Others" this Court had ordered that challan has been filed, therefore, it would be within the domain/jurisdiction of the learned trial court either to take cognizance for an offence punishable u/s 306 read with Section 34, IPC, or if satisfied, to take cognizance for the offence u/s 302 read with Section 34, IPC.

From the totality of the facts and circumstances of the case, it would be appropriate for the learned trial court to consider as to what offences are prima facie made out against the accused. Any observations made by this Court would prejudice the State or the defence, therefore, it is entirely for the trial court to decide the issue.

In the above backdrop, learned counsel for the petitioner does not press this petition for grant of bail to the petitioner at this stage.

Disposed of accordingly. Trial Court record be immediately remitted so that the trial may proceed in accordance with law.