Fourteen witnesses were examined at the trial including her relations, investigating team, Magistrate and the Doctor.
According to the prosecution, before recording this dying declaration, an opinion was taken about her fitness by Dr. Siri Niwas, PW The said dying declaration is Ex.
All this was done on account of the less dowry received in the marriage which had taken place hardly a week earlier to the incident.
The dying declarations recorded by the investigating agencies have to be very scrupulously examined and the Court must remain alive to all the attendant circumstances at the time when the dying declaration companyes into being.
Gurdial got married to one Santosh on 08.12.1997.
P.F/5.
This witness has referred to the active advice having been given by her Phupha Saas, meaning sister of her father in law.
According to the prosecution, accused No.1 and accused No.2 sprinkled Kerosene Oil and in this companyspiracy even Rajo Devi accused No.3 was a party.
It is only Puran Chand accused No.2 who is in appeal before us.
It was claimed that the dying declaration was tutored one.
He also asserted that Gurdial and Puran Chand were number present at the Post Graduate Institute at that time.
However, accused No.3, Rajo Devi was acquitted by the High Court and accused No.1, Gurdial has number chosen to file an appeal.
It was also stated by the present appellant that he was staying separate from his brother Gurdial and had unnecessarily been implicated.
The Trial Court has disbelieved this part of the evidence of Mohan Lal PW 5 about the participation of accused No.3, Rajo Devi.
However, the rest of the testimony about the participation of accused No.1, Gurdial and accused No.2, Puran Chand has been believed by the Trial Court.
According to the prosecution, she was harassed for dowry just after one week of the marriage and was set to fire on the fateful day i.e. on 15.12.1997 by as many as three accused persons, they being, Gurdial, her husband, Puran Chand, her elder brother in law and Rajo Devi, the paternal aunt of accused No.1, Gurdial.
P.F/3 and the medical certificate is Ex.
The evidence of Mohan Lal PW 5 has been companyroborated by Mam Chand PW 8 who is another witness who was present at the time of seizure of material objects at the spot, which, according to him, were smelling of kerosene.
Santosh was taken to the General Hospital, Sector 13, Chandigarh by Pawan Kumar, PW 4 and ultimately she breathed her last in the evening on the same day.
This witness has number stated anything about any dying declaration in his examination in chief but, strangely enough, it was brought in his cross examination by the defence that he reached the Post Graduate Institute at about 3 p.m. He also referred to a dialogue between Chand Kiran and Santosh wherein Santosh told her father that she was burnt by her brother in law and her husband.
The incident took place at about 4 a.m. in the morning.
We have closely examined the evidence of PW 5, Mohan Lal.
Three defence witnesses were also examined.
The defence did number prevail and that is how accused No.2 is before us.
The main thrust of the argument of the Learned Counsel was against the dying declaration.
It is to be numbered that at the time she made oral dying declaration, she did number merely refer to Puran Chand as Jeth but had specifically taken his name.
S. SIRPURKAR, J. The judgment of the High Court companyfirming the companyviction and sentence for the offences under Section 302 read with Section 34, Indian Penal Code is in challenge in this appeal.
It was found that she had suffered 90 per cent of burns but before that her dying declaration was got recorded by PW 13, Shri A.K. Bishnoi.
Originally, there were three accused persons, namely, Gurdial accused No.1 , Puran Chand accused No.2 , the present appellant and Rajo Devi accused No.3 .
The Trial Court companyvicted all the three accused persons.
