- (1.) HEARD learned counsel for the appellant and the learned A.G.A. and perused the judgment of Trial Court and the record.
(2.) THE prayer for bail is pressed on behalf of the appellant Ram Kumar in the judgement of conviction recorded by the Sessions Judge, Court No. 2, Aligarh in S. T. No. 36 of 2003 convicting the appellants under sections 304-B and 498A IPC inter alia to imprisonment for life and fine. The prosecution allegations were that the deceased Vandana was married to the ap­pellant Ram Kumar on 5-3-2002. It was al­leged that sufficient dowry was given during the marriage, which included cash to the ex­tent of Rs. 1,10,000/- and other items. There was demand for additional dowry by the ap­pellant and other relations. The deceased was said to have been set on fire on 28-6-2002 by her sasural walas. The report was lodged by Om Prakash, father of Vandana on 28-6-2002 at 8.10 a.m. at PS. Kotwali, district Aligarh. The dying declaration of the deceased was recorded on 28-6-2002 at about 2.50 a.m. The contents of the dying declaration were that the deceased had given out her name as Vandana and her husband's name as Ram Kumar. Her sasural was at Manik Chauk, P.S. Kotwali, Aligarh. She had got married the same year on 5th of March. Her maika was at Naya Vas Charbagh, Agra. Her mother-in-law Laxmi and her husband had set her on fire over non-fulfilment of dowry demands, after pouring kerosene oil over and setting her alight with a match. After setting her on fire, her husband immediately ran away. She was burnt the previous night on 27-6-2002 at 8 or 8.30 p.m. Only her husband Ram Kumar and mother-in-law were involved in setting her on fire. When she was set on fire, her father-in-law was sleeping on the roof. She does not know, who extinguished the fire. Apart from the above, she had nothing more to say.
(3.) LEARNED counsel for the appellant at­tacked the dying declaration, which was main piece of evidence against the appellant Ram Kumar on a number of grounds :-;