- (1.) The appellant has filed the present appeal against the judgment and order dated 05.12.2012, passed by the Sessions Judge, Chandigarh vide which he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo imprisonment for six months under Section 302 IPC.
(2.) Brief facts of the prosecution case are that on 28.02.2007 Inspector Prem Chand received information that Sheela Devi was admitted in the Burns Ward of PGI, Chandigarh. He reached PGI and thereafter, after obtaining the opinion of the doctor regarding fitness of Sheela Devi, he made request in the Court of Sh. M. D. S. Dhillon, Judicial Magistrate Ist Class, Chandigarh for recording her dying declaration. The Magistrate recorded the dying declaration at 4:55 p. m. on 28.02.2007 in which Sheela Devi stated as under:- "Q: What is your name A: Sheela. Q: How did you get burns A: I was preparing chapatti on the stove. The palla of my shirt fell on the stove. My husband tried to save me but the fire did not extinguish. My husband tried to extinguish the fire with water but the fire did not extinguish. I sat under the tap of water but the fire did not extinguish. Our neighbour came there and put a blanket upon me and as such the fire was extinguished. I myself got burnt. Q: Who brought you to the hospital A: My husband. "
(3.) The Investigating Officer then went to the spot alongwith other police officials and got the photographs of the place of occurrence. He took into possession a stove and a plastic bottle containing two drops of kerosene oil after preparing separate sealed parcels.;