S.D.BAJAJ, J. - (1.) IN her dying declaration recorded at 8.55 P.M. on 27th December, 1985 inside the Emergency Ward of Civil Hospital, Bhatinda, by S.I. Didar Singh PW6, deceased Kailash Rani stated that while she was lying down on-her double bed, placed inside the chaubra of her residential room, in her matrimonial home, around 6.00 P.M. her husband's married sister Usba Rani accused brought a 'Parat' full of kerosene oil, sprinkled it on her body and set fire thereto with the result that she got burns therewith, that her husband and his two brothers named Hari Chand and Ram Chand brought her to the hospital and her brother Satish also reached thereon return from Gidderbaha and that inside the hospital the doctor had given her first aid and dressed her wounds.
(2.) THE reasons assigned for the sister-in-law doing so is the unsatisfied demand for more dowry in the form of a scooter and cooler. The deceased also stated in her dying declaration that her father-in-law Kishan Chand, mother-in-law Sita Rani, sister-in-law Usha Rani, husband of her sister-in-law Bhagwan Das and her own husband Ashok Kumar were all along, for the nine months, after, her marriage taunting her for bringing less dowry and persuading her to bring a scooter and a cooler more that she apprised her brother Satish Kumar who came to see her at 9.00 A.M. on the day of occurrence about it who told her that he would get back to Gidharbaha the same day and consult her parents about it, that around 2.00 P.M. her parents-in-law went to Karnal to the house of a relation living there, her husband went to the shop down stairs and her own brother Satish to Gidderbaba to consult per parents and that she herself came for rest in the 'Chaubara' because she was carrying a pregnancy of 8 months wherein accused Usha Rani, her sister-in-law, suddenly came round 6.00 P.M. and burnt her as narrated above. Emergency Medical Officer Dr. Hukam Chand Garg PW4 made on the dying declaration the following endorsement at 8.55 P.M. on 27th December, 1985 :- "She remained fit throughout the recording of the statement. The statement was recorded in my presence. Whatever she said was actually recorded by the police." Kailash Rani died in the hospital at 1.55 P,M. on 28th December, 1985 the following day. The cause of death set out in the post-mortem report was, "Death in my opinion, was due to shock as a result of extensive burns, which were ante-mortem and were sufficient to cause death in the ordinary course of nature".
(3.) ON being charged with the commission of offence under section 302 of the Indian Penal Code accused-appellant Usha Rani pleaded not guilty and, claimed to be tried. Vide its impugned judgment dated 14th October, 1981, learned trial court convicted her of the commission of the offence under section 302 of the Indian Penal Code and sentenced her to undergo life imprisonment and to pay Rs. 1000/- as fine. In default of payment of fine accused-appellant was ordered to undergo rigorous imprisonment for a further period of three months. Feeling aggrieved therefrom Usha Rani has filed Criminal Appeal No. 541-DB of 1987 in this Court.;