S. B. Sinha, J. - (1.) Appellant No.1 was married to Amarjit Kaur (deceased). She had been complaining of ill-treatment at the hands of her in-laws. The dispute between the deceased on the one hand and Appellants on the other was resolved by Panchayat. As despite the same, ill-treatment continued, an application was filed before the Senior Superintendent of Police by the deceased. Appellant No.1 was working as Sepoy in the Indian Army. He took leave for two months. A settlement was effected whereby Appellants were made responsible for any untoward incident that might happen to the deceased. She in view of the said settlement came to her matrimonial home. On 12.10.1995, she received 90% burn injuries. She was taken to a hospital. Although she was in her senses, having regard to the extent of burn injuries suffered by her, the doctors attending on her opined that her dying declaration should be taken. Her dying declaration was taken down by one Dr. Anoop Kumar in presence of other doctors including Dr. R.S. Kadiyan, Professor of Skin and VD Department, Christian Medical College, Ludhiana. The said dying declaration, marked as Ex. P-1, which was recorded at about 08.30 A.M. on 12.10.1995, reads as under :"Pt. Amarjit Kaur w/o Balbir Singh, unit No.C-180136 aged 24 years, married for three years as stated by patient herself in presence of Dr. R.S. Kadyan (Addl. Deputy Medical Superintendent), Dr. Tejinder Singh (DCMO, CMCH Ludhiana. Pt. was brought to Casualty Deptt. Of CMCH Ludhiana at 8.30 a.m. on 12.10.95 by neighbours along with husband who was forced by the neighbours to accompany them as stated by the Pt. According to patient she has conflict with her husband and mother-in-law for whole night yesterday, at 4.00 a.m. in the morning when she went for urination, her husband approached from behind and threw kerosene oil and ignited her and locked the door from outside. She cried and was rescued by neighbours and brought to the hospital. Patient was referred from Civil Hospital, Malerkotla."
(2.) Her parents in the meanwhile were also informed. They came to the hospital. The First Information Report was lodged at about 09.30 a.m. on the same day; whereupon a case under Sections 307/498-A of the Indian Penal Code was registered. The Investigating Officer came to the hospital and recorded a second dying declaration which was marked Ex.P-J. In the said dying declaration she not only named her husband but also her mother-in-law, inter alia, stating : "But dispute continued as usual. Today at about 5 A.M., when I got up for urinating (sic for urination) and went inside the bath room constructed in the house. Then with an intention to kill me and as a part of their conspiracy, my husband Fauji Balbir Singh and mother-in-law Nachattar Kaur set me on fire after pouring kerosene, due to which I was badly burnt. I raised an alarm saying Bachao Bachao (Save-Save) and both of them ran away. My father-in-law Joga Singh with an intention to save me, first took me to Malerkotla Hospital in a Taxi from where I was referred to Patiala by the doctor due to extensive burns, but my father-in-law took me to CMC Ludhiana where I am lying on death bed. Action may be taken."
(3.) The said dying declaration bore her signature. She died on 16.10.1995 at about 01.15 a.m., whereupon a case under Section 302, IPC was registered. During trial the learned Sessions Judge framed charges under Section 302, IPC read with Section 34 thereof or in the alternative under Section 304-B read with Section 34, IPC. Appellants were also charged under Section 498-A read with Section 34, IPC. The charges framed by the learned Sessions Judge read as under : "That on 12.10.1995 at about 5.00 A.M. within the revenue limits of village Bhurthala Mander, in furtherance of the common intention of both of you, you Balbir Singh and Nachhatar Kaur intentionally caused the death of Amarjit Kaur daughter of Ram Kishan Singh and thereby you both committed an offence punishable under Section 302 read with Section 34, IPC or in the alternative under Section 304-B read with Section 34, IPC and within the cognizance of this Court. Secondly during the period from 1993 to 1995 in furtherance of the common intention of you both, you Balbir Singh and Nachhatar Kaur committed cruelty on aforesaid Amarjit Kaur d/o Ram Kishan Singh with a view coercing her to meet the unlawful demand of dowry and thereby you both committed an offence punishable under Section 498-A r.w. 34 of Indian Penal Code and within the cognizance of this Court. And I hereby direct that you both be tried by this Court for the aforesaid offences." ;