Judgment

Sheema, second wife of appellant Surinder Kumar, sustained 70 per, cent burn injuries in an occurrence which took place on May 16, 1987 and ultimately succumbed to those injuries on May 22, 1987. Surinder Kumar and his son Sanjiv from his first wife were tried for the murder of Sheema and also for subjecting her to cruelty. The trial Court convicted both of them under Ss. 302/ 304 and 498-A/ 34 of the Indian Penal Code. They were sentenced for life and a fine of Rs. 500/- on the first count and rigorous imprisonment for two years and a fine of Rs. 200/- on the second count. The High Court, on appeal, maintained their conviction and sentence under S. 302/34, Indian Penal Code. They were, however, acquitted by the High Court of the offence under S. 498-A/ 34, Indian Penal Code. This appeal by way of special leave is by the appellants against their conviction and sentence.

2. The conviction of the appellants is based on the dying declaration made by the deceased in the hospital before a Judicial Magistrate. The doctor certified that the patient remained conscious during the period her statement was recorded. The Judicial Magistrate recorded a certificate that the statement of S