H.S. Bedi, J. - (1.) THIS appeal arises out of the following facts : Anjali (since deceased) had been married to Rakesh Kumar @ Bittu son of Taru Ram accused, about six months prior to the date of occurrence. It appears that Taru Ram accused was not satisfied with the dowry that had been brought by Anjali at the time of marriage and he would often taunt her on that account. At about 9.15 a.m. on July 27, 1996, Anjali and Taru Ram were present in the house whereas Rakesh Kumar had gone to work when Taru Ram took out some kerosene oil from the stove and after pouring it on Anjali, set her ablaze. Anjali was removed to the hospital with severe burn injuries and information was sent to the police by the attending doctor. On the receipt of ruqa, ASI Dilbagh Singh (P.W. 5) made an application to the Magistrate that her statement should be recorded but the Duty Magistrate told him to first register the F.I.R. and that her statement would be recorded thereafter. ASI Dilbagh Singh (P.W. 5) accordingly recorded Anjali's statement at 2.50 p.m. and on its basis, the formal F.I.R. was registered at 4.00 p.m. on July 27, 1996 for offence punishable under Sections 307 and 498A of the Indian Penal Code. Anjali died on August 1, 1996 and the primary offence was converted into one under Section 302 of the Indian Penal Code. On the completion of the investigation, Taru Ram was charged for the aforesaid offence and as he pleaded not guilty, was brought to trial.
(2.) THE prosecution in support of its case examined inter alia, P.W. 1 Tirlok Chand, Anjali's maternal uncle, who had brought her up and had also arranged and solemnised her marriage, stated to the demands for dowry made from him by the accused; P.W. 2 Ravinder Singh, Judicial Magistrate, Jalandhar, who had recorded the dying declaration (Exh. PD) after the deceased had been declared fit to make a statement by Dr. Gurpal Singh (P.W. 3); P.W. 5 ASI Dilbagh Singh, who had recorded the first dying declaration, leading to the registration of the F.I.R.; P.W. 6 Dr. S.P. Goel, who had performed the post -mortem examination on the dead body and opined that the injuries found on her person were sufficient to cause death in the ordinary course of nature; and P.W. 7 Dr. Sukhvinder Singh Gill of the Dayanand Medical College and Hospital, Ludhiana, who stated that Anjali had been admitted to the hospital on July 28, 1996 at 1.50 p.m. and that she had voluntarily given the information, which had been recorded in the M.L.R. which was that she had been burnt by her father -in -law. The prosecution case was then put to the accused and his statement recorded under Section 313 of the Code of Criminal Procedure in which he stated that Anjali had caught fire accidentally. No defence evidence was, however, led.
(3.) THE Trial Court held that the entire case rested on the three dying declarations made by the deceased, one to ASI Dilbagh Singh (P.W. 5), which had led to the registration of the F.I.R., a second to Sh. Ravinder Singh, JMIC, Jalandhar (P.W. 2) on July 27,1996 at 6.05 p.m., and the third before Dr. Sukhvinder Singh Gill (P.W. 7), who stated that at the time of her admission in the Dayanand Medical College and Hospital, Ludhiana on July 28,1996 Anjali had told him (which he had recorded in her M.L.R.) that she had been burnt by her father -in -law.;