KANWALJIT SINGH AHLUWALIA, J. - (1.) INSTANT criminal appeal has been preferred by two appellants, namely Chotelal and his wife, Smt. Navalbai under Section 374 of the Code of Criminal Procedure, 1973.
(2.) IN the present appeal, son of the appellants, namely Raju @ Rajendra (PW -5) was married with Smt.Vimla (PW -3). Raju @ Rajendra after marriage with Smt. Vimla (PW -3) had brought deceased Smt. Sushila in his house, as a second wife. She was not accepted by his parents i.e. present appellants.
(3.) CASE of the prosecution is that on 04.11.2003 Smt. Navalbai (appellant No.2), being mother -in -law, had poured kerosene oil on Smt. Sushila (deceased) and Chotelal (appellant No.1) had lit a match stick and ignited the fire. Case of prosecution rests upon two Dying Declarations made by Smt. Sushila (deceased). One is in the form of Exhibit -P/5, statement made by Smt. Sushila (deceased) on 04.11.2003 at 11:40 P.M. while she was lying admitted in the Burns Ward at Bed No.9, M.B.S. Hospital, Kota. The above said statement was recorded by Harnam Singh, A.S.I. (PW -2). After statement of Smt. Sushila (deceased) was recorded by Harnam Singh, A.S.I. (PW -2), he called Shri Sandeep Sharma, Additional Civil Judge -cum -Judicial Magistrate, No.1, Kota (PW -18) for recording Dying Declaration of Smt. Sushila (deceased). The said Magistrate, on the intervening night of 4th and 5th of November, 2003, after obtaining opinion of the concerned Doctor regarding fitness of the deceased, recorded the statement in the night at around 02:05 A.M. The said statement now termed as Dying Declaration has been exhibited as Exhibit -P/20.;