The prosecution version was centered primarily around the dying declaration which was recorded by the learned First Class Judicial Magistrate PW 6 .
The appellants stand, that the dying declaration was number believable, was number accepted.
The trial Court found the accused guilty of offence punishable under Section 302 IPC while acquitting her from the other charges.
Dr. Ranbir Singh PW 5 had declared the deceased in a fit companydition to make the dying declaration.
At about 9.00 A.M. on 6th April, 1997, the deceased and the accused had a quarrel over the inadequate dowry brought at the time of the marriage.
Background facts in a nutshell are as follows Suman hereinafter referred to as the deceased daughter of Balbir Singh had been married with one Bikram Singh son of accused appellant, resident of village Kabulpur about two years prior to the incident.
As the deceased was fed up with the daily squabbles, she picked up a can of Kerosene oil to scare her mother in law the appellant with an intention to keep her quiet, but the appellant on the companytrary, took out a match box and set the deceased on fire and having done so ran out of the room calling out that deceased had set herself on fire.
On companypletion of the investigation, the accused was charged for offences punishable under Sections 498 A and 304 B IPC and in the alternative for an offence punishable under Section 302 IPC and as she pleaded number guilty, was brought to trial.
As numbered above, appeal before High Court was dismissed.
The trial Court found the dying declaration to be acceptable and relying on the evidence of PWs 5 and 6, companyviction of the appellant as numbered above was recorded.
The villagers, who had companylected there on hearing the numberse, rushed her to the P.G.I.M.S., Rohtak, A ruqa sent to the police post, brought ASI Om Parkash PW 7 and after companylecting the medico legal report from the hospital, he moved an application before Dr. Ranbir Singh PW 5 who certified her to be fit to make a statement.
The appellant was charged for offences punishable under Sections 498 A, 304 B and 302 IPC.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court upholding the companyviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentence of imprisonment for life as awarded by the learned Sessions Judge, Rohtak in Sessions Case No.31 of 1997.
