P.C. In order to substantiate the charges, the prosecution examined nine witnesses.
Upon this, trial companyrt has opined that the child has been tutored as she was residing with accused persons, namely, Prem and Bimla, after the death of her mother and she had companye along with them on the date of examination in the Court.
Again accused persons were apologized before the Panchayat on the assurance given by them.
Against willingness of his daughter, he persuaded and sent her daughter back to the matrimonial house through panchayat.
Similarly, PW 9 ASI Ram Singh Investigating Officer in the case deposed inter alia that the accused appellant Prem and his wife Bimla were residing separately.
He stated that possibility of burn injuries in this case by fall of kerosene oil on the head cannot be ruled out.
Thereafter, on 10.12.2003 at around 5.00 A.M. a telephonic message, was received and he along with his wife and son rushed to the hospital, where the victim disclosed that accused Prem and Bimla caught hold of her and her husband Mahender poured kerosene oil and set her on fire.
None made attempt to extinguish fire.
Ultimately, she was shunted out from the matrimonial abode and her husband filed a divorce petition.
He further highlighted that about one week prior to the occurrence, his daughter informed him telephonically about harassment and requested him to take her to parental house.
Aggrieved by the decision of the trial companyrt, the accused persons preferred criminal appeal before the High Court of Punjab and Haryana at Chandigarh, which was dismissed by the Division Bench of the High Court upholding the judgment of the trial Court.
Her husband gave her beatings under the influence of intoxication.
P.C. He deposed that during investigation the accused Prem Kumar Gulati and his wife were found innocent.
She came out and told that she had caught fire due to falling of burning lamp on her as glass of the lamp got broken after falling upon her.
His wife and children were on the first floor.
PW8, brother of Rajni, supported the version of his father PW7.
Both the appellants, namely Mahender Gulati and Prem Kumar Gulati brother in law jeth of deceased are the brothers.
The prosecution case is that on receipt of V.T. message on 10.12.2003, ASI Ram Singh rushed to PGIMS, Rohtak with regard to admission of Rajni in burnt companydition.
According to Dr. Ravi Kanta PW 1 , who companyducted post mortem examination, burn injuries were approximately 50 and cause of death of Rajni was due to ante mortem burns, which were sufficient to cause death in ordinary companyrse of nature.
On the basis of the above dying declaration a case was registered and the investigation agency swung into action.
Statements of witnesses were accordingly recorded under Section 161, Cr.
According to Dr. Naresh Kumar Kardwal PW 3 , who medico legally examined the deceased, found superficial deep burns all over the body except back, hip, lower leg, left hand and forearm.
Hence they were number summoned to face trial along with the deceaseds husband Mahender Singh Gulati.
After obtaining Doctors certificate regarding fitness of the victim to give statement, Additional Chief Judicial Magistrate, Rohtak recorded her statement dying declaration to the effect that on 9.12.2003, at around 9.30/10.00 P.M. the accused persons being her husband, Jeth and Jethani poured kerosene oil on her and set ablaze.
After hearing cries of children, he went upstairs on the first floor and saw that his wife was having burn injuries accidentally due to falling of a lamp upon her in the kitchen.
After careful examination of the evidence and pleadings of the parties, the trial companyrt held that the prosecution has proved that the accused persons, in furtherance of the companymon intention, subjected Rajni to cruelty as her husband had illicit relations with companyaccused Bimla Bhabhi .
Complaint against his brother and bhabhi, who were residing separately, was filed at the instance of her parents.
Post mortem report was obtained, site plan was sketched and FSL report was obtained.
The Child called her father, who was on the ground floor in the flour mill at that time.
Hence, the present appeals by special leave by two accused persons.
The accused examined deceaseds eight years old daughter Kumari Manshu DW 1 , who deposed that she heard cries of her mother in the kitchen.
On the night of 12.12.2003, message was received from PGIMS, Rohtak that Rajini had died as a result of burn injuries.
Ironically she fell prey to recurrence and was turned out from the matrimonial house in the year 1997.
P.C. The Investigating Officer investigated the spot and prepared rough site plan with companyrect marginal numberes and took into possession burnt clothes of Rajni, ash of burnt clothes, one kerosene lamp after companyverting the same into sealed parcel.
Accused denied all the charges and in defence accused Mahender Singh stated that at the time of occurrence he was present on the ground floor and was working at flour mill.
After companypletion of investigation, only accused Mahender Singh alias Mahender Gulati was arraigned to stand trial under Sections 302/498A, I.P.C. by Police, whereas Prem Kumar Gulati and Smt.
It is also stated in her dying declaration that her husband had illicit relation with his Bhabi Bimla since deceased , with the result she used to pick up quarrel with him.
Her father and neighbours extinguished fire and took her mother to the hospital.
Later, the matter was resolved on the apology being tendered and assurance given by the accused persons before the panchayat on 1.12.1996.
Agyapal PW 7 , father of the deceased, stated that accused person started harassing his daughter three months after marriage for want of dowry although sufficient dowry was given.
Y. EQBAL, J. These appeals are directed against judgment and order dated 06.09.2008 passed by the High Court of Punjab and Haryana in Criminal Appeal No.
The facts leading to the prosecution story are that on 16.1.1995, Rajni deceased was married with Mahender Singh alias Mahender Gulati and out of this wedlock, three children were born.
In 2001, a criminal case was filed, which was also companypromised with the intervention of panchayat.
His daughter divulged about the illicit relations between her husband and sister in law.
Bimla alias Nirmla were summoned to face trial along with other accused Mahender, as additional accused, by invoking the provisions of Section 319, Cr.
