- (1.)These appeals are directed against judgment and order dated 06.09.2008 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 342-DB of 2006, whereby the High Court dismissed the appeal of the accused persons and upheld the judgment dated 25.04.2006 passed by the Additional Sessions Judge, Bhiwani (Haryana) in Sessions Case No.8 RBT of 18.3.2004, inflicting sentence with rigorous imprisonment for life under Section 302/498-A read with Section 34, Indian Penal Code and imposed fine with default clause.
(2.)The facts leading to the prosecution story are that on 16.1.1995, Rajni-deceased was married with Mahender Singh alias Mahender Gulati and out of this wedlock, three children were born. Both the appellants, namely Mahender Gulati and Prem Kumar Gulati (brother in-law (jeth) of deceased) are the brothers. The prosecution case is that on receipt of V.T. message on 10.12.2003, ASI Ram Singh rushed to PGIMS, Rohtak with regard to admission of Rajni in burnt condition. After obtaining Doctor's certificate regarding fitness of the victim to give statement, Additional Chief Judicial Magistrate, Rohtak recorded her statement (dying declaration) to the effect that on 9.12.2003, at around 9.30/10.00 P.M. the accused persons being her husband, Jeth and Jethani poured kerosene oil on her and set ablaze. It is also stated in her dying declaration that her husband had illicit relation with his Bhabi Bimla (since deceased), with the result she used to pick up quarrel with him. Her husband gave her beatings under the influence of intoxication. None made attempt to extinguish fire.
(3.)On the basis of the above dying declaration a case was registered and the investigation agency swung into action. Statements of witnesses were accordingly recorded under Section 161, Cr.P.C. The Investigating Officer investigated the spot and prepared rough site plan with correct marginal notes and took into possession burnt clothes of Rajni, ash of burnt clothes, one kerosene lamp after converting the same into sealed parcel. On the night of 12.12.2003, message was received from PGIMS, Rohtak that Rajini had died as a result of burn injuries. Post mortem report was obtained, site plan was sketched and FSL report was obtained. After completion of investigation, only accused Mahender Singh alias Mahender Gulati was arraigned to stand trial under Sections 302/498A, I.P.C. by Police, whereas Prem Kumar Gulati and Smt. Bimla alias Nirmla were summoned to face trial along with other accused Mahender, as additional accused, by invoking the provisions of Section 319, Cr.P.C.