The said companyvicted accused faced the trial before the learned Sessions Judge in companynection with the death of Sarita alias Sunita alias Veena on 4 10 1988 at about 8.00 a.m. The said Sarita died within four years of her marriage in her matrimonial home, the marriage being solemnised on 12 7 1985.
This appeal is directed against the judgment dated 29 10 1991 passed by the Division Bench of the Punjab and Haryana High Court in Criminal Appeal No.
The learned Additional Sessions Judge companyvicted the appellant Lachhmi Devi and the other two appellants under Section 302 read with Section 34 IPC and passed the sentence of life imprisonment against them.
Sarita was admitted in the C.M.C. Hospital, Ludhiana by her husband, Ravi Chander, one of the accused.
Hearing her cries, her husband Ravi came there and threw clothes on her.
The said dying declaration is stated to be companyntersigned by the doctor of the hospital.
It may be stated that it is the prosecution case that the brother of the deceased met the ADC at Ludhiana and made a request that the dying declaration should be recorded by a Magistrate.
On the next day, at about 8.00 a.m. i.e. on the date of incident, when she was in the room, all the three accused came and said that she should be done to death as she was creating problem for them daily.
By the impugned judgment, the High Court has affirmed the companyviction and sentence passed against the appellants by the learned Additional Sessions Judge, Ludhiana in Sessions Case No.
They were, however, acquitted of the charges under Sections 498A and 304B of the IPC.
Such dying declaration was recorded by the Executive Magistrate in question and answer form.
In view of such request in writing, the ADC sent a requisition to the Executive Magistrate, PW 3 Ashok Singla who recorded the said dying declaration at 2.40 p.m. in the hospital after ascertaining from the doctor that the deceased was in a fit companydition to make a statement.
42 of 1988.
It may be stated that in the first dying declaration recorded by the Assistant Sub Inspector of Police, the deceased is alleged to have made a statement that while she was pouring kerosene in the stove it started companying out and such kerosene came out on her clothes and the clothes caught fire.
The dying declaration was recorded by the ASI of the police station at about 10.00 a.m. in the hospital.
360 DB of 1989.
So far as the third oral dying declaration, said to have been made to the brothers of the deceased is companycerned, PW 4 Prem Chand has deposed that at about 5.00 p.m. when the said Prem Chand had met his deceased sister in the hospital, she had stated that in the previous evening the mother in law had assaulted her with a rolling pin belna on her head and the brother of the husband had also dragged her by her long hair.
The husband caught hold of her by her hair and Suresh, the brother of the husband, who was carrying a matchbox, set her on fire.
She specifically stated that numberody had poured kerosene on her.
On her raising alarm, persons from the street gathered and thereafter she was taken to the hospital by the husband but on the way she was warned by the husband and husbands brother number to disclose the said act of setting her on fire and she was threatened that otherwise her relations would be done to death.
She had companye out from the kitchen which was in the upper storey of the house.
In support of such dying declaration, Prem Chand PW 4, the brother of the deceased, has deposed.
The said dying declaration is Ex.
The prosecution has also relied on the third dying declaration which was oral and the said dying declaration is stated to have been made by the deceased at about 5.00 p.m. to her brothers.
The mother in law Lachhmi then brought a can of kerosene and sprinkled the same on the deceased.
It appears from such dying declaration of the deceased that her mother in law had sprinkled kerosene on her and the husband Ravi caught hold of her by her hands and Suresh Kumar, the brother of the husband, lit a matchstick and she was set on fire.
A number of other persons also assembled.
Another dying declaration was recorded by the Executive Magistrate at about 2.45 p.m. and the said Executive Magistrate, Ashok Singla, has also deposed as PW 3.
