- (1.) The present criminal appeal has been preferred against the judgment and order dated 19.5.2015 passed by Additional Sessions Judge, Court No.4, Saharanpur in S.T. No.502 of 2011 (State Vs. Smt. Ruksana and others), convicting and sentencing the appellants to undergo for life imprisonment under Section 302/34 I.P.C. and fine of Rs.30,000/- each and in default of payment of fine they shall further to undergo for one year additional imprisonment
(2.) The prosecution case, as per the F.I.R. which was lodged by Yusuf Ali alias Pathan, Resident of Kaliar Sharif, Police Station Kotwali Roorkhi, District Haridwar on 28.5.2011 at about 22:35 hrs. at Police Station Kotwali Dehat, District Saharanpur on the basis of a written report submitted by him, is that his daughter, namely, Khushboo was married eight years2 ago in Village Rasoolpur, Police Station Kotwali Dehat, District Saharanpur to Ashraf @ Nanu and though sufficient dowry given in the said marriage, but Ashraf @ Nanu (husband), Ruksana (Mother-in-law), Noori (Nanad) and Sultan Akhtar (Nandoi) used to demand more dowry and indulged in marpeet with his daughter Khushboo. The informant on many times had given Rs.10,000/- (twice) and Rs.15,000/- to them for keeping his daughter happy. Few days prior to the incident, in-laws of his daughter Khusboo were pressurizing her to ask her parents to give Rs.50,000/- and also indulged in marpeet with her, which was informed to him by his daughter Khushboo and the informant told her that after making arrangement of Rs.50000/- it would be paid to her in-laws, but on 28.5.2011, one Rashid of Rasoolpur had informed the informant on phone that his daughter had been burnt alive by her in-laws and the villagers had admitted his daughter in the hospital. On receiving the said information, the nephews of the informant, namely, Mirza Hussain and Liyaqat Ali immediately rushed to District Hospital, Saharanpur and at that time Khushboo was conscious and she told Mirza Hussain and Liyaqat Ali that her husband Ashraf @ Nanu, mother-in-law Ruksana, nanad Noori and and nandoi Sultan Haider had poured kerosene oil on her and set her ablaze. Thereafter, his daughter, namely, Khushboo had died in the District Hospital at 7:00 p.m. in the evening. When the informant reached the hospital, his nephews, namely, Mirza Hussain and3 Liyaqat Ali informed and told him about what his daughter Khushboo had narrated about the incident to them. Thereafter, the informant had got the report written and submitted the same to the Police Station Kotwali Dehat, District Saharanpur, on the basis of which the F.I.R. was registered against the five accused persons and the same was also endorsed in the G.D. of the concerned police station.
(3.) The dying-declaration of the deceased was recorded on 28.5.2011 at 6:20 p.m. by Satish Kumar Kushwaha, Naib Tehsildar Sadar in the presence of Doctor Emergency Medical Officer of S.B.D. ,District Hospital Saharanpur. The said dying-declaration has been proved and marked as Ext. Ka.3, which is reproduced here-in-below: "VARNACULAR TEXT" ;