A.K. Goel, J. - (1.) This appeal has been preferred by the appellants Sudagar Khan son of Gafoor Khan, Naziran widow of Gafoor Khan and Mintu daughter of Gafoor Khan against their conviction under Ss. 302/34 IPC and sentence to life imprisonment.
(2.) Kangan Khan, PW -2 got a statement recorded by ASI Jagjiwan Singh, PW -9, which led to registration of FIR on 02.06.1999 at 3.05 P.M. According to the statement, Harpreet Kaur, deceased was married to Sudagar Khan, accused one and a quarter year prior to occurrence. She had no issue. She was not treated well by the accused persons i.e. her husband, mother -in -law and sister -in -law, who used to remark that she had brought less dowry. On 31.05.1999 in the morning, he came to know that the deceased was burnt by the accused by pouring kerosene on her body and she was taken to Civil Hospital, Dhuri. Kangan Khan along with his wife reached the hospital and saw her body charred on account of burns. She stated that her husband had caught her while her mother -in -law poured kerosene and sister -in -law lighted the match stick. She became unconscious. She was later referred to Rajindra Hospital, Patiala for treatment and at the time of the statement, she was in the said hospital. PW -9 Jagjiwan Singh, ASI went to Rajindra Hospital and sought opinion of the doctor vide Exh.PJ, but the doctor vide Exh.PJ/1 declared her unfit to make a statement. On the next day again, the Investigating Officer sought opinion of the doctor vide Exh.PK and doctor again declare her unfit to make a statement vide Exh.PK/1. On the third day on 2.6.1999, the Investigating Officer gave an application Exh.PL, on which the doctor declared her fit to make a statement vide Exh.PL/1. Her statement/dying declaration was recorded by Dr. K.D. Singh which is Exh.PT, which was thumb -marked by Harpreet Kaur. He then recorded the statement of Kangan Khan Exh.PD in the hospital leading to registration of FIR Exh.PD/1. The Investigating Officer visited the spot and inspected the same. He prepared a site plan Exh.PH, recovered plastic can containing kerosene and a match box.
(3.) The deceased died on 6.6.199. After investigation, the accused were challaned. They were charged under Ss. 302/34 IPC and in the alternative under Sec. 304B/498A/34 IPC. The accused denied the charge.;