VIVEK AGARWAL,J. - (1.)This criminal appeal has been filed under Section 374 of the Criminal Procedure Code being aggrieved by judgment and sentence dated 30.06.2006 passed by the Additional Sessions Judge, Ganj Basoda in Sessions Trial No.71/05, whereby the appellant has been convicted and sentenced under Section 302 of the Indian Penal Code (for short IPC ) to undergo rigorous imprisonment for life and fine of Rs.5,000/- and in default of fine, two months' rigorous imprisonment.
(2.)As per the prosecution story, wife of the appellant Parveen and son of the appellant Shamim were brutally murdered by pouring kerosene oil and putting them on fire due to greed for additional dowry, resulting in death of Parveen and Shamim and since Parveen was pregnant a foetus baby was also killed.
(3.)As per the prosecution story on 12.01.2004, Parveen was admitted to Government Hospital, Basoda at about 4.10 PM alongwith Shamim, aged 03 years with 90% and 70% burn injuries respectively. On 12.01.2004 itself, dying-declaration (Ex.P/8) was recorded by Dr. B.P. Khare (PW5), in which the deceased narrated that she is resident of Idgah Road, Basoda and the name of her husband is Sharif. When she was asked that how she has sustained burn injuries, she said that two persons had put her on fire. They were beating her for last two days. When names of these two persons were asked, she named three persons, namely, mother-in-law, Sharif and Mehboob. When reasons for such incident was asked, the deceased narrated that this was done due to some second woman. When the name of such second woman was asked, she said that ask him only. Thereafter, Parveen was asked as to how she was burnt, she said that oil was put on her and thereafter she was burnt. When doctor asked her that if she wants to say anything else, she said that her brother-in-law (Dewar) said that he will not keep her and keep second one as she is moneyed person, whereas you are poor. She said that sister-in-law (Jethani) said that do not keep her. They used to call for money. She said that Rs.30,000/- were paid. There was demand for Rs.20,000/- more and since that demand was not fulfilled, she was put on fire. In this background and on the basis of said dying-declaration recorded by the doctor, the appellant has been convicted under Section 302 of IPC.