S.D.BAJAJ, J. - (1.) SMT . Bimla (now deceased) stated in her dying declaration Exhibit PA/3 recorded by Shri Lakshman Sharma, learned Judicial Magistrate Ist Class, Sirsa, PW 1 around, 11.45 p.m. to 2.00 (midnight). on both., September, 1986 that she was being harassed by her husband and mother-in-law continuously after, marriage on grounds of bringing less dowry, that around 2.00 to 2.30 p.m. there was a quarrel between, her and her husband wherein her husband gave her kick and fist blows that around 3.00 to 3.30 p.m nearly, half an hour thereafter her mother-in-law caught hold of her and her husband sprinkled kerosene on her whereafter the two set her ablaze, and she got unconscious. On its basis husband of the deceased named, Ram Chand and her morther-in-law named Smt. Mam Kaur were both prosecuted under section 302 read with section 34 of the Indian Penal Code.
(2.) ON being charged with the commission of offences aforesaid both the accused appellants individually pleaded 'not guilty' thereto and claimed to be tried. Vide its impugned judgment dated 1st December, 1987 learned trial court convicted both of them of the commission of the offence under section 302 read with section 34 of the Indian Penal Code and sentenced each one of them separately to undergo imprisonment for life and to pay Rs. 500/- as fine. In default of payment of fine each one of the two convicted accused was ordered to undergo separately rigorous imprisonment of a further period of two years. Feeling aggrieved from the impugned judgment of their conviction as also the sentence awarded both the convicted accused have jointly filed Criminal Appeal, No. 54-DB of 1988 in this Court. Faithful recording of the dying declaration of the deceased in question answer form inside the precincts of Civil Hospital, Sirsa in response to request obtaining in letter Exhibit PA addressed to him by Dr. Partap Singh PW3 on 10th September, 1986, has been duly proved by PW I Mr. Lakshman Sharma, learned Judicial Magistrate Ist Class, Sirsa, who states, on 10.9.1986 letter Ex. PA from Dr. Partap Singh was received by me at my residence at about 11.30 p.m. for recording the dying declaration of Bimla wife of Ram Chand, admitted in Civil Hospital, Sirsa as a burn case. Immediately I proceeded to Civil Hospital, Sirsa, and, reached there at 11.45 p.m. Dr. Partap Singh was attending on Bimla and I sought his opinion if she was fit to make a statement. Dr. Partap Singh vide report Ex.PA/1 opined her to be in fit condition to make a statement. I also gave a note about it at Ex. PA/2 myself. I was also satisfied that Smt. Bimla was fit to make a statement. I then recorded the statement. of Smt. Bimla Rani wife of Ram Chand of village Talwara in question and answer form and the said statement is Ex. PA/3 and it is in my hand in Hindi. It was read over to her and she thumb marked it at point 'A' now marked in token of it correctness."
(3.) DR . Partap Singh, the then Medical Officer, General Hospital, Sirsa, PW 3 wholly corroborates the version brought on record by Shri Lakshman Sharma PW 1 who asserts, "In September, 1986 I was posted as Medical Officer in General Hospital, Sirsa. At about 9.00 p.m. on 10-9-1986 Bimla wife of Ram Chand aged 18 resident of Talwara P.S. Ellenabad was brought to the hospital as a burn case and referred from civil dispensary, Ellenabad. She had more than 90% burns on her person. I attended Bimla and gave her some medicines and then at 9.25 p.m. on that day I sent ruqa Exhibit PB to SHO of P.S. City Sirsa informing him about admission of Bimla and requesting him to arrange for recording of her dying declaration. At 10.50 p.m. on that day, I sent the application Exhibit PA to the Duty Magistrate requesting him to come to the hospital for recording dying declaration of Bimla wife of Ram Chand admitted as a burns case in hospital. At 11.45 p.m. Shri Lakshman Sharma, Judl. Magistrate I Class, Sirsa came to the Emergency Ward where I was attending upon Smt. Bimla. Earlier to his arrival Shri Amin Lal ASI had also come. The Magistrate inquired from me if Smt. Bimla aforesaid was in a fit condition to make statement and vide my report Ex. PA/1, I opined that the patient was in a fit condition to make statement. Shri Sharma, Judg. Magistrate thereafter recorded the statement of Smt. Bimla Rani w/o Ram Chand r/o Talwara in my presence and within my hearing. That statement is Ex. PA/3. It was read over to her and she thumb marked it as a token of its correctness at point 'A' Smt. Bimla remained fit throughout this period and I gave a report in that behalf and the same is Ex. PA/4.";