- (1.)These two appeals are being disposed of by this common judgment as the appeals have been filed against the same judgment of the learned Additional Sessions judge, Greater Mumbai, in Sessions Case No. 24 of 1993 dated 18th October, 2002 by which they were convicted. All the three appellants in two appeals are convicted under section 302 read with section 34 of Indian Penal Code. All of them have been sentenced to imprisonment for life and fine of Rs. 5,000/- each in default of fine, they have to undergo further imprisonment of six months.
(2.)The appellants in both these appeals are father, son and daughter. The deceased was the wife of the son. It was the case of the prosecution that when accused returned to their home, the deceased was in home making Chapati on a burning stove. In a moment of anger, accused No. 1 threw the stove on the body of the deceased, namely, Yasmin. She sustained burn injuries and later succumbed to death. It was also alleged that the neighbours tried to extinguish the fire, and other accused remained a moot spectators. On the basis of this report charges were framed. Accused pleaded not guilty and claimed to be tried.
Prosecution examined 10 witnesses in all and pressed into service almost half a dozen dying declarations. The case is mainly based on these dying declarations. There is no evidence, either to corroborate a dying declaration favouring accused or a dying declaration favouring the prosecution. Before coming to these dying declarations, it will be pertinent to refer to the evidence which was laid by the prosecution before the trial Court.

P. W. I Indramani Ranmani Dube is the S. E. M. , who appears to have recorded the first dying declaration. She stated that on 14th April, 1992 one police van from Dahisar police station arrived at her residence. She was informed that she was to visit Bhagwati Hospital as somebody wants to make a statement. She went there in a police van and reached at about 11. 15 pm. She visited the ladies ward. She had to wait for some time as doctor was busy. She enquired the name of the patient who disclosed her name as Yasmin Amin Charania. She also disclosed her address. Also disclosed that she was staying along with her husband, her father-in-law and sister-in-law in the same house. She said that she was cooking Chapati on a stove at around 8. 00 p. m. on 14th April, 1992. The stove was not working. She exhibited Exh. 9, which is the Dying Declaration. The witness identified the statement. She also identified the signature of Yasmin as well as her thumb impression. In this statement, the deceased said that the stove was not working properly. She lighted it with a match stick. The stove caught wild fire, by which she also caught fire. Her mother-in-law, sister-in-law -and husband were present in the house. They heard her cries, came immediately, put a chaddar on her. She stated that on 15th april, 1992 one police van again came to call her. She was informed that she was to record another statement of Yasmin Amin Charania. At around 4. 15 a. m. on 15th April, 1992 they reached at Bhagwati Hospital and she proceeded to Ladies Ward. She enquired with yasmin whether she wanted to make any further statement. Yasmin made further statement that on 14th April, 1992, she along with her husband, sister-in-law, and father-in-law went to market for purchasing vegetables. While returning home she went to visit a Tailor and her husband and sister-in-law went to residence. On reaching home, Yasmin enquired with her husband as to why he left early. Thereupon the quarrel took place between them. Her husband assaulted her, her sister-in-law also assaulted her. Yasmin further stated that when she was cooking Chapati on the stove at about 9. 30 p. m. on 14th April, 1992, her husband and sister-in-law entered into the kitchen room. Both of them assaulted Yasmin. Thereafter, the husband gave a kick to the lighted stove. The stove came on her body and she sustained burn injuries. Thereafter, immediately she came out of the kitchen and entered in the room which was situated in front of the kitchen. She was crying and shouting at that time. Thereafter, her husband wrapped a chaddar on her body. She continued to cry. Due to that, the neighbours gathered there. Thereafter, there was a quarrel between the neighbours and her husband. The neighbours moved Yasmin to the Bhagwati hospital. She disclosed that she was not knowing the neighbour who brought her to bhagwati Hospital. Yasmin also disclosed in her second statement that her husband threatened her to give Talak (divorce) if she disclosed the correct account of the incident, therefore, she had made the earlier declaration. Whatever statement was made by her on 14th April, 1992 was not the correct statement, and now she made the correct statement.

(3.)It may be pertinent to note that when the first dying declaration was recorded by this witness on 14th April, 1992, this witness has obtained the signature of Yasmin on the said dying declaration and also obtained her thumb impression as well as the endorsement of the doctor. But, she did not find it fit to obtain again endorsement at the time of recording second dying declaration, as there was time gap of approximately five hours in between the first dying declaration and the second dying declaration.
P. W. 2 Mrs. Banubai N. Batliwala is the mother of the deceased. She stated that she had three daughters and four sons. The deceased was married 10 years before with amin, accused No. 1. There was a demand in the past of dowry of Rs. 50,000/ -. Interestingly, she stated that the demand of Rs. 50,000/- was made one day prior to the occurrence. There is no mention that any such demand was made for 10 years after accused No. 1 was married to the deceased. She was informed by the police that Yasmin was set on fire by their in laws. At that time she was staying with her mother-in-law, father-in-law, husband, brother-in-law and brother's wife. Her husband's sister was coming of and on. She stated that when she reached the hospital to meet her daughter, Yasmin informed her that while making Chapati, her husband threw the stove on her in the company of the other family members, namely, father-in-law, mother-in-law and husband's sister. When she was set on fire all the family members bolted the door so that nobody should come to her rescue.