She was found guilty for causing the death of Arun Bala, the deceased in this case, by pouring kerosene oil on her clothes and setting fire.
The further case of the prosecution was that the deceased objected to these illicit relations and, therefore, the appellant bore grudge against the deceased.
The occurrence is said to have been taken place on 27 4 1978 at about 6.00 p.m. The case rested mainly on the dying declaration alleged to have been made by the deceased Arun Bala and recorded by the Assistant Sub Inspector, P.W. 11 in the hospital to which a certificate was appended to by a doctor, P.W. 7, who was said to be present at the time of recording the dying declaration.
My father in law has illicit relations with Shakuntala teacher while my husband has illicit relations with the daughter of Shakuntala.
Along with the appellant one Devinder Kumar the brother of the husband of the deceased was also tried but he was acquitted.
P.W. 11, Assistant Sub Inspector, recorded the dying declaration in the presence of P.W. 9.
Om Parkash and Ram Dass neighbours and many others came there.
The deceased ran out of the kitchen with the burning clothes.
P.W. 1, the doctor, who was present in the hospital admitted her, and he along with P.W. 7 who was in charge of the injured, numbered that it was a case of cent per cent burns.
An intimation was given to the police.
The deceased along with her husband Vijay Kumar and his brother Devinder Kumar and her father in law Thakar Dass was living in a room on the ground floor of the another house.
On the day of occurrence at about 6.00 p.m. while the deceased was in the kitchen, the appellant is alleged to have companye there and sprinkled kerosene oil on her clothes and set fire.
The neighbours including P.Ws.
It was alleged that the appellant developed illicit relations with Thakar Dass, the widower, the father in law of the deceased.
P.W. 9 gave a certificate that she was in a fit companydition to make a statement.
My brother in law Devar namely Bhola was also present at the house.
At about 8 p.m. she was found to be number in a fit companydition to make any declaration.
It was also suspected that the husband of the deceased or his brother Devinder Kumar, the other acquitted accused had also illicit intimacy with one of the daughters of the appellant.
Shakuntala sprinkled kerosene oil on my clothes and set on fire.
The postmortem was companyducted and the medical evidence was to the effect that she died because of the third degree burns which were cent per cent.
She was living in the neighbouring house along with her five children.
On the basis of this dying declaration the case was registered.
P.W. 11, the Sub Inspector of Police came to the hospital.
The trial companyrt, entirely relying on the dying declaration, companyvicted the appellant and the same was upheld by the High Court.
Then the declaration said They also gave me a beating and then she stated about the illicit relations between the appellant and Thakar Dass, her father in law.
Shakuntala, a lady, is the sole appellant herein.
The accused pleaded number guilty.
She was a teacher.
The prosecution case is as follows The appellant, Shakuntala, aged about 44 years was a teacher.
In order to kill me they have sprinkled kerosene oil on me.
On the same night the deceased died.
2 and 3 gathered there and that the injured was taken to the hospital by her husband.
Sd Kishori Lal, Assistant Sub Inspector, Police Station Div.
My father in law Thakar Dass was also present at the house.
Then again at about 10 p.m. she seemed to have improved.
They also gave me beating.
