RAJENDRA SAXENA,J. - (1.) THIS appeal has been, directed against the judgment dated 16.11.94 passed by the learned Sessions Judge, Jhunjhunu, whereby he convicted the appellant for offences under Sections 302 and 498A, IPC and sentenced her to undergo life imprisonment on the first count and to suffer rigorous imprisonment for two years and a fine of Rs. 1,000/ -in default of payment of fine, to further undergo imprisonment for three months on the second count. He also directed that both the substantive sentences shall run concurrently.
(2.) BRIEFLY , the prosecution case is that deceased Smt. Raisa aged 18 years resident of Sikar was married to PW 11 Idris r/o Jhunjhunu about 3 years prior to the ill -fated incident, which occurred at about 430 fun. on 31.3.94 at her husband's house, it is alleged that just two days prior to the incident, PW 3 Sugra mother of the deceased had come to Jhunjhunu and left the latter at her in -law's house. It is alleged that at the time of the incident fee deceased engulfed in flames, came running out of her house. PW 9 Sarfu and other neighbours threw sand on her in order to put off the fire. Pieces of her burnt apparels were also removed. Smt. Raisa was immediately taken to B.D.K. Government Hospital, Jhunjhunu, where at 5.45 p.nu she was admitted as an indoor patient. PW 12 Dr. S.K. Chhabra, prepared her out -door patient ticket Ex. P 3 and in -door patient ticket Ex. P 4 and gave treatment to her. At that time, her pulse and blood presure were not recordable and due to extensive burns including mouth bums she was unable to speak. However, she was fully conscious. The attendants who had brought Smt. Raisa to the hospital informed the said doctor that the latter while cooking inside the hut, had caught fire. Smell of kerosene was present on her appards. . At about 6 p.m. Dr. Chhabra telephonically informed P.S. Kotwali, Jhunjhunu about the said incident and also requested Jagdish FC, who was in the hospital to arrange for recording her dying declaration. PW 15 Hulsaram SHO, P.S. Kotwali directed Bhagwan Singh ASI to go to the hospital, where the latter at 6.25 p.m. recorded 'Parcha Bayan' Ex. P 8 of Smt. Raisa. She stated therein that at about 4.30 p.m. her grand -mother -in -law had caught hold of her, that her mother -in -law sprinkled kerosene oil and set her ablaze. She further stated that they wanted to kill her because she did not do the domestic work and used to tell that they also used to ask her to bring Rs. 10,000/ - from her parents. She further stated that they had also threatened to kill her if she disclosed those facts to any other person. She also stated on her Parcha Bayan Ex. P 8 that at the time of the said incident, her husband was not present there and that she had cordial relations with him who never harassed her, and that though she was married three years ago but she did not give birth to any child.
(3.) ON the basis of 'Parcha Bayan' Ex. P 8, PW 15 Hulsaram drew formal First Information Report Ex. P 9 and registered a case against the appellant and grand mother -in -law of the deceased for offences under Sections 307, 498A and 324, IPC.;