Mahesh Grover, J. - (1.) THE appellant has filed the present appeal against judgment and order of sentence dated 25.1.2000 of the Sessions Judge, Gurdaspur (hereinafter described as 'the trial Court') vide which he has been convicted under Section 304B of the I.P.C. and sentenced to undergo rigorous imprisonment for ten years and to a pay a fine of Rs. 5000/ -. In default of payment of fine, he has been directed to undergo further rigorous imprisonment for four months.
(2.) ON 23.10.1992 at about 2.00 P.M., the appellant is said to have poured kerosene on his wife -Smt. Seema Wanti and set her on fire. She breathed her last on 30.10.1992, but before dying, she left behind a dying declaration recorded in the presence of PW2 -Dr. Sudhir Khichi, who attested the same. The F.I.R. was lodged on 24.10.1992 by PW5 -Jugal Kishore, father of the deceased, who alleged that he had married his daughter -Seema Wanti to the appellant on 8.4.1992 and at the time of marriage, sufficient dowry was given. However, the appellant and his mother were still dissatisfied and used to mal -treat the deceased on account of bringing less dowry. The demand of colour television and gold chain were made repeatedly. The demands were reiterated on the day of Diwali, but the complainant expressed his inability to meet the same which led to the incident on 23.10.1992. On the fateful day, the complainant was stated to be present in the hose of the appellant where a quarrel erupted on account of demand of dowry and thereafter, the appellant is alleged to have sprinkled kerosene on the deceased and his mother ignited the fire. The complainant took his daughter to the hospital where she died after a week.
(3.) THE police, after completion of investigation, submitted a report under Section 173 Cr.P.C. as the complicity of the appellant and his mother in the commission of the offences punishable under Sections 498A, 304B/ 34 of the I.P.C. was, prima facie, established.;