ROHINTON FALI NARIMAN J. - (1.) Leave granted.
(2.) In the present case, an F.I.R. dated 28th March, 2002 was lodged in which it was stated that the father-in-law and mother-in-law of the lady who committed suicide harassed her for at least five years and this harassment, therefore, led to offences being committed under Sections 498A and Section 306 of the Indian Penal Code. The Trial Court relied upon the evidence of PWs 4 and 5, who were neighbours, who attested to the fact that there was harassment meted by the in-laws to the dead lady. Medical evidence also shows that there were 90% burns as the lady had poured kerosene on herself and set herself on fire. Most importantly, according to both the Trial Court and the High Court, a dying declaration was made before PW 9 who was a Sub-Divisional Magistrate, which reads as follows:- "The PW-9, Himmat Singh has stated that as on 28.03.02, he was working as SDM and on that day he had gone to the hospital to record the statement of the deceased. At that time Dr. Verma was the duty doctor and he has stated that Lalita was in a state of fitness to record her statement. When I asked Lalita she had told that she was sleeping and her in-laws were quarrelling with her every day. Today also they quarrelled with me. They asked me to leave the house. My husband is not responsible for anything. He resides in Kuwait. He has come here now. I am residing separately from my in-laws. Today they had come with their luggage and said that they have come to stay with her. I told them that I am not in good relations with them and therefore I cannot reside with them. They told, we will stay here and you get lost. Then I got angry and went inside the kitchen and poured kerosene from the stove and set myself on fire. My father-in-law was looking at me but did not try to stop me. My husband tried to save me. My in-laws were demanding dowry from me. I did not have any quarrels with my husband. My signatures are there on the statement recorded by me. Lalita's thumb impression is there at point X. During the cross examination by the Ld. Counsel the witness stated that the statement recorded by him is at Ex. P-5 and at point X the thumb impression of Lalita is there. At the time of recording the statement no one from her parent's side was present and the in-laws of the deceased were turned out of the room at the time of recording the statement. Lalita's husband Omprakash was present at the time of Lalita setting herself on fire and at the time of putting off the flames."
(3.) On this evidence, the Trial Court held that the offence under Section 498A was not made out but convicted the two appellants before us under Section 306 and sentenced them to imprisonment for three years. In an appeal filed by them before the High Court, the High Court, relying upon the aforesaid dying declaration, dismissed the appeal.;