VYAS, J. - (1.) THIS Criminal Appeal under Section 374, Cr. P. C. , arises out of the judgment and order dated November 19, 1998, passed by the learned Special Judge (Sati Nivaran) & Additional Sessions Judge, Jaipur city, Jaipur, convicting accused appellant Dhyan Singh S/o. Gurubachan Singh for the offence under Section 302, IPC, and sentencing him to undergo life imprisonment with a fine of Rs. 1,000/-, in default of payment of fine, to further undergo six months' rigorous imprisonment.
(2.) THE police registered a case for the offence under Section 498a and 324, IPC, and proceeded with the investigation. During investigation, Smt. Laxmi Kaur succumed to burn injuries on 23. 5. 97 as is evident from Post Mortem Report (Ex. P20) prepared by Dr. H. L. Bairwa and Dr. Vijay Purohit. Thereafter, Section 302, IPC, was also added. According to the prosecution case, on 12. 4. 97, at about 6. 30 P. M. , one Mela Singh lodged a report with the Police Station, Mahila Thana, Gandhi Nagar, Jaipur, stating, inter alia, therein that three years ago, his daughter Laxmi Kaur, aged 21 years, was married with Dhyan Singh S/o. Gurubachan Singh. After one-and-a- half years, a son was born. He further stated in the report that after some time, her husband Dhyan Singh and mother-in-law Gurubachhani Kaur started to harass her by making a demand for dowry. He also stated that on 10. 4. 97, at about 11 P. M. , after taking liquor, Dhyan Singh S/o. Guru Bachhan Singh poured kerosene oil on his daughter Laxmi Kaur and set her ablaze with a straw of match-box, resulting into her extensive burn injuries. The information of the said incident was given to him by Avtar Singh at 11. 30 P. M. . He went to her in-laws' house. It may be mentioned that at Joshi's private clinic, glucose drip was being administered to her. When he contacted to the doctor, the doctor referred the patient to the S. M. S. Hospital, where Smt. Laxmi Kaur was taken in the Maruti car of one Bachhan Singh. It was also stated that the son of Smt. Laxmi Kaur was taken away by her mother-in-law and father-in-law to Delhi, without her consent. In this view of the matter, a pre-plan was already made by her husband Dhyan Singh, father-in-law Guru Bachhan Singh and mother- in-law Guru Bachhani Kaur to do away her daughter by burning and, in order to materialise that plan, his daughter Laxmi Kaur was burnt on 10. 4. 97, at 11. 00 P. M. , by her husband Dhan Singh, after consuming liquor. On the basis of the aforesaid report, the Investigating Officer started investigation. He reached the SMS hospital on 11. 4. 97, at 2. 35 a. m. and recorded the statement (Ex. D5) of Smt. Laxmi Kaur under Section 161, Cr. P. C. , in which she stated that 3-4 years ago, she was married with Dhyan Singh and, thereafter, a son was born, who is aged about 2 years. She further stated in her statement before the Police that in the night of 10. 4. 97, while she was preparing tea on Stove, she received burn injuries as her clothes have caught the fire. When she cried for help, her husband came to save her. After hearing her cry, other persons also came to her room and poured water on her and extinguished the fire. She also stated that she has no problem from her husband and in-laws'. The relevant portion of her statement (Ex. D5) dated 11. 4. 97 made to the Police reads as under :- ....Vernacular Text Ommited.... On the same date, i. e. , 11. 4. 97, at 12. 30 P. M. , the second dying declaration (Ex. P10) of the deceased Smt. Laxmi Kaur was recorded by the Additional Civil Judge (Junior Division) & Judicial Magistrate, First Class, No. 13, Jaipur City, Jaipur, in which she stated that kerosene oil was taken out from stove in a `lota' by her husband and it was poured on her and, thereafter, he lit her fire with a straw of the match-box. While she started to cry, her husband tried to extinguish the fire, but when he failed, he called his brother Diwan Singh. Diwan Singh came and he poured water from `matka' (which was duly filled up with water) over her and the fire was extinguished. She further stated that at that time, she and her husband only were present. In the adjacent room, Diwan Singh along with his friends, was watching T. V. She also stated that prior to burning her, there was a quarrel between her and her husband and he was also slapped her. It was also stated by her in her dying declaration, before the Magistrate that she has been burnt by her husband and earlier also, she was threatened and beaten by him. The relevant portion of her subsequent dying declaration statement (Ex. P10) dated 11. 4. 97 made before the Judicial Magistrate reads as under :- ....Vernacular Text Ommited....
(3.) IN case of more than one dying declarations, Court should satisfy as to which reflects true facts. After completing necessary investigation, a challan was filed against the accused Dhyan Singh under Sections 498a, 302 and 120b, IPC, in the Court of the Special Judge, (Women Atrocities Dowry Cases) & Additional Sessions Judge, Jaipur City, Jaipur. The accused pleaded not guilty and claimed trial. In order to prove its case, the prosecution, produced as many as 14 witnesses and filed documents Ex. P1 to Ex. P20. In defence, the accused produced four witnesses D. W. 1 to D. W. 4 and exhibited four documents Ex. D1 to Ex. D4. ;