(Mrs.) Saroj Bala, J. - (1.) CHALLENGED in this appeal is the judgment and order dated 24.9.1982, passed by the Additional Sessions Judge-III, Saharanpur in S.T. No. 251 of 1981, whereby convicting the appellants-Smt. Aziza Khatoon and Km. Nasreen for the offence under Part I of Section 304, I.P.C. and sentencing the appellant No. 1, Smt. Aziza Khatoon to rigorous imprisonment for life. The appellant No. 2-Km. Nasreen has been sentenced to ten year's rigorous imprisonment. Rest of the accused were acquitted.
(2.) ACCORDING to the prosecution version as unfolded during the trial, Shahnaz alias Chhanno (victim) sister of Mohd. Rizwan (P.W. 1) was married on 27.6.1978 to Zulfiqar Gulsher alias Bahadur son of appellant-Aziza Khatoon. She was turned out of the martial home about 2 1/2 years before the incident with warning that she would not be welcomed unless she brought cash. With the intervention of respectable persons her father-in-law Zuber Ahmad and husband took her to the marital home on 29.3.1981. On 3.4.1981 she was brought to the Government Hospital, Muzaffarnagar in badly burnt condition by her father-in-law and her brother (P.W. 1) was informed. She was unconscious at that time. Her father-in-law disclosed that she sustained burns while cooking and he left the hospital on the pretext of purchasing medicines. She was admitted in the hospital by her brother (P.W. 1). She was medically examined on 3.4.1981 at 1.25 p.m. (noon) by Dr. S. P. Sharma (P.W. 6), then posted as Medical Officer at District Hospital, Muzaffarnagar and following burn injuries were found on her body as per injury report (Ext. Ka-7) : There were second degree burns over face, neck, both upper and lower limbs, upper part of chest, lower part of chest and abdomen. Whole back was burnt. Only private parts, some parts of buttock and both breasts were saved. Body was painted with gention violet. Soles of both feet, palmer aspect and palms finger were saved. Pulse not palpable. B. P. could not be taken. Patient was unconscious. Heart sounds feeble, 60 per minute. General condition very very poor. Hurriedly examined. Smell of kerosene oil was there in the body. In the opinion of doctor there were second degree burns about 90%. The patient was admitted in the hospital and police informed. On 3.4.1981 at 10.30 p.m. the victim having started talking the Magistrate was informed and her dying declaration (Ext. Ka-10) was recorded on 4.4.1981 at 12.32 a.m. by the City Magistrate, K. R. Shilpkar (P.W. 8). Dr. S. K. Sharma (P.W. 7) appended certificate (Ext. Ka-9) that the patient was conscious and remained so throughout the dying declaration recorded.
(3.) THE victim died in the hospital on 4.4.1981 at 7 a.m. due to shock as a result of extensive burns. THE post-mortem on her dead body was conducted by Dr. Shravan Kumar (P.W. 5) and post-mortem report (Ext. Ka-6) was prepared. The crime was altered to Section 304, I.P.C. on the basis of the application (Ext. Ka-1) made by Mohd. Rizwan (P.W. 1) to the S.H.O., P. S. Deoband. The investigation was handled by S. I. Shyam Lal (P.W. 4). He recorded the statements of the witnesses and of accused persons. He visited the spot and prepared the site plan (Ext. Ka-2). After completing the necessary formalities the charge-sheet (Ext. Ka-3) was submitted by him against the appellants and co-accused.;