- (1.) This judgment of mine shall dispose of two connected criminal appeal Nos. 876 and 1228-SB of 2003, filed against the judgment dated 9/10.4.2003, vide which the accused- appellants (herein referred as, 'the accused'), were convicted under Sections 304-B/34 IPC and sentenced to undergo rigorous imprisonment for 10 years.
(2.) Accused Shakuntla is mother-in-law, Umed Singh husband (since deceased) and Joginder Singh is the son of maternal uncle of Umed Singh husband of Meena. Meena aged about twenty years resident of Dheerpur was married to Umed Singh about 5-1/2 years prior to the occurrence and she breathed her last on 2.7.1998, on account of the burn injuries suffered by her at the hands of the accused. The case is based on the dying declaration of Meena made by her on 28.6.1998, at about 1.00 p.m. before Judicial Magistrate Ist Class, Rohtak, in Hindi, the English translation of which is as under :- "Meena w/o Umed Singh aged 20 years, House Hold Lady resident of Dheerpur, Delhi on S.A. Q. When it happened? Ans. It happened yesterday evening. Time I do not remember. Q. What happened with you? Ans. I was burning a stove in my mother's house. Yesterday my in- laws, my mother-in-law Shakuntla, husband Umed and cousin brother Joginder came to my house. My mother had gone to the fields. The house of my mother is situated in village Atta. All the three had come to my mother's house. They mixed in medicine again said they gave me beatings and set me on fire with kerosene. All the three bolted the door from out side and started saying to go to their house. They again gave beatings to me and then set me on fire. None else was present in the house. The persons living in upper storey had seen me and by that time I had been burnt. Kala s/o Jogi, my neighbour had seen them. First of all my mother-in-law set me on fire. Then Kala told my mother that I had been burnt. Those persons were harassing me for Rs. 10,000/- and were demanding dowry. Q. Anything else you want to say? Ans. No, Sir. RO&AC Sd/- RTI Meena JMIC(I) Dt. 28.6.98 at 1.15 p.m.
(3.) The Investigating Officer SI Dhoop Singh, received a copy of the said statement Ex.PK, on the basis of which FIR under Section 498- A/307 IPC was recorded against the accused. Thereafter, he recorded statement of Krishna mother of Meena under Section 161 Cr.P.C. On 2.7.1998, on receipt of the information regarding death of Meena, an entry Ex.PK/1 was made in this respect in the Daily Diary Report. On 3.7.1998, he conducted the inquest on the body of the deceased. On 4.7.1998, he visited the place of occurrence, took into possession the iron stove, plastic can containing little bit of kerosene vide recovery memo Ex.PJ, recorded the statements of the witnesses on 5.7.1998. He arrested the accused and on completion of the investigation, challan against the accused was presented in the court.;