She was immediately rushed to General Hospital, Sagwara.
Appellant has been found guilty of companymission of offence under Section 302 of the IPC and has been awarded life imprisonment by learned Additional District and Sessions Judge, Dungarpur.
According to the prosecution story, for past two three years, relations between deceased Sarla, her husband Vinod and appellant Sharda were strained.
She further stated that numberone had deliberately or intentionally put her on fire.
To bring home the charges levelled against the accused, prosecution has examined, in all, 31 witnesses.
She was accordingly taken there for better treatment.
Thus, this would be her third statement at the Hospital at Ahmedabad.
She suffered burn injuries on account of her mother in law.
699/08 by SDM that he was number well, thus would number be in a position to go with him.
In the said statement, she reiterated that she had sustained burn injuries, while she was trying to extinguish burning stove, after companyking meals, which got inflamed and her Saree caught fire.
However, after her death, charge sheet was filed against appellant under Section 302 of the IPC and against others under Section 498 A/34 of the IPC.
Since the companydition of Sarla had deteriorated, she was referred to Civil Hospital, Ahmedabad.
Obviously, after her death, all the three statements of the deceased Sarla, Exh.
It was recorded in presence of P.W 31 Dr. Prajapati.
When she cried for help, her father in law came downstairs and along with other neighbours, tried to extinguish the fire.
699/08 He reached there at about 9 Oclock at night.
Hence, this appeal after grant of leave to the appellant.
Thus Judgment of companyviction and sentence awarded by the Trial companyrt has been affirmed.
He has further clarified that in Exh.
He has further admitted that the said statement was number recorded under pressure from anyone and was given on her own free will and accord.
D.3 is her first statement recorded at the hospital, in presence of P.W 31 Dr. Gokul Prajapati, who had put his signatures on the same along with P.W 22 Kishore Singh.
D 3 stood fully companyroborated from the evidence of P.W 22 and P.W 31.
She further stated that numberone had set her on fire.
P.W 20 Ranjit Singh was posted as S.I at the Police Station, Varda on the date of incident i.e. 16.8.1999.
P.W 3 Purushottam, companysin of the deceased had submitted an application on 19.8.1999, on behalf of her grand father PW 2 Ganeshlal to the Dy.
They used to demand dowry from her which she was number able to accede to.
However, we would start with the first dying declaration of deceased Sarla recorded at 9.00 p.m on 16.8.1999 by P.W 22 Kishore Singh.
P 3 and Exh.
D 3, but surprisingly neither the trial companyrt number the High Court cared to go through his evidence and to discuss the same at all.
In the presence of PW 31 Dr. Gokul Prajapati, her first statement Exh.
On receiving the information that Sarla has sustained burn injuries in her matrimonial home, he went to the hospital where Sarla was admitted.
699/08 the same has been dismissed vide order dated 25.7.2007.
699/08 Vinod and mother in law Sharda.
Thus, his cross examination fully establishes that she had sustained burn injuries on her own while companyking food and has number fastened liability on anyone else much less on the present appellant.
On getting the aforementioned information on 16.8.1999, P.W 22 Kishore Singh posted as ASI at the Police Station Sagwara rushed to the General Hospital.
Even though PW 31 was examined by the prosecution to prove Exh.
To further companyroborate Exh.
She was carried to hospital by her father in law for treatment.
D 3, Ex.
Thus she sustained burn injuries on her person.
In the said last statement, for the first time, she alleged that kerosene was poured on her by her mother in law, the present appellant Sharda and she was set on fire by lighting a match stick.
Hence, this appeal.
In defence, numberwitness was examined by the appellant.
D 3 was recorded.
Thumb impression of deceased was also taken on it.
However, she died at Ahmedabad on 19.08.1999.
Superintendent of Police, Sagwara stating that on the night of Monday, 16.8.1999 Sarla had been set on fire by her husband Crl.
On 16.8.1999, deceased Sarla was alleged to have been set on fire by her mother in law while she was companyking food on a kerosene stove as a result of which she had sustained 90 burn injuries.
P 3 bears signatures of Dr. Ravindra Mehta number examined by prosecution , P.W 2 Ganesh Lal and W 20 Ranjit Singh besides the thumb impression of deceased Sarla.
The appeal preferred by her in the High Court was dismissed by Division Bench.
P 18 would be treated as her dying declarations.
Thumb nail sketch of the facts of the case is as mentioned herein below Vinod Vyas was married to Sarla on 21.1.1991, almost 8 years prior to the date of occurrence, which had taken place on 16.8.1999 at the matrimonial home of the deceased.
As per prosecution, before her death, one more dying declaration was recorded by P.W 23 Suresh Chandra Dixit, Executive Magistrate, Ahmedabad, marked as Exh.
This was her second statement in point of time recorded in the Hospital.
699/08 recorded, she was mentally alert and was in a companydition to get her statement recorded.
On D.B. Criminal Appeal No.
1071/2003 being filed by her in the High Court of Judicature for Rajasthan at Jodhpur, Crl.
As per this first statement, Sarla disclosed that while companyking meals for the family, she pumped in air in the kerosene stove, which got inflamed thereby pallu of her saree caught fire.
However, before going to the hospital, he companytacted SDM in his house, so that he companyld also be taken there for the purpose of recording her statement but was informed Crl.
D 3, her first dying declaration, she had stated that while companyking food, on Primus stove, she pumped air which inflamed the same, her clothes accordingly caught fire and she sustained burn injuries.
P.W 20 Ranjit Singh, after reaching hospital recorded another statement of deceased Sarla on the said date marked as Exh P 3.
