Judgment

Nanavati, J.-The four appellants are challenging in this appeal the judgment and order passed by the High Court of Punjab and Haryana, in Criminal appeal No. 242 DB of 1994. All of them were convicted by the trial Court under Section 302 read with Section 34 IPC. The High Court confirmed their conviction.

2. What has been held proved against the appellants is that in view of a dispute regarding their share in the land belonging to the family, they caused the death of Sushma, their brother’s wife, by calling her at their house and after pouring kerosene over her body and setting her abalze. There was no direct evidence. The prosecution had relied upon the dying declaration - Ex.P.J to prove its case. The trial Court accepted the dying declaration as genuine and true and convicted all the four appellants. The High Court also on reappreciation of the evidence accepted the dying declaration as genuine and true and thought it safe to confirm their conviction on the basis thereof.

3. It was urged by the learned counsel for the appellant that no reliance whatsoever should have been placed upon the said dying decla­ration as it was recorded on 7.10.90; and even though Sushma survived