JUDGMENT

N.P. SINGH, J.:—Appellant Om Parkash has been convicted under S. 302 of the Penal Code and has been sentenced to undergo rigorous imprisonment for life. He has also been directed to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for two years.

2. Appellants Sheela Wanti and Rup Lal, who are the mother and father of the aforesaid appellant Om Parkash, had been acquitted by the Trial Court of the charges levelled against them, but on an appeal filed on behalf of the State of Punjab before the High Court the order of acquittal has been set aside and they have been convicted under S. 302 read with S. 34 of the Penal Code. Each one of them has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- in default thereof to undergo rigorous imprisonment for two years.

3. The prosecution case is that on March 17, 1979 Rita (since deceased) went to her sister Shushma (PW 6) in the morning who was residing in the house in front of the house of Rita aforesaid. Rita told her sister that accused persons were compelling her to bring money from her parents. The appellant Om Parkash is the husband, Sheela Wanti is the mother-in-law and Rup Lal is the father-in-law of Rita aforesaid. It is further the case of the prosecution that at about 2-30 p.m. the same day Rita was in her room in the house of the appellants. Om Parkash along with other co-accused including his two sisters Kanchan and Shushma (since acquitted) caught hold of Rita and brought her in the inner compound of the house. Rup Lal the father-in-law of Rita said that she should be burnt. Sheela Wanti, the mother-in-law, brought the kerosene oil and sprinkled it on her body and then Om Parkash, husband, set her on fire. She raised the cries save me, save me. His sister Shushma (PW 6) who, as already stated above, was living just opposite the house of the appellants came there along with her father-in-law Bhajan Lal (P.W. 7). They found the inner door of the house closed from inside. They pushed the door and entered inside the compound. At that very time Tareem Lal (P.W. 8) and Kulbir Chand hearing the tries also entered in the house. Seeing the witnesses aforesaid inside the house the accused persons ran away to the upper storey of the house. The fire was extinguished by the witnesses. They enquired from Rita (since deceased) regarding the occurrence and she told them as to how she was burnt by her husband with the help of her mother-in-law, father-in-law and two sisterin-laws.

4. Thereafter the ambulance car was brought by Shushma (PW 6) and victim was taken to S.G.T.B. Hospital, Amritsar. Police was informed. ASI Amritlal of Police Station Kotwali came to the hospital. He obtained the opinion of the Doctor as to whether Rita was fit to make a statement. Thereafter at 6-25 p.m. the same evening he recorded the statement of Rita giving the details of the occurrence. That statement was treated as the first information report. Rita succumbed to her injuries on March 29, 1979.

5. After investigation the charge-sheet was submitted against the three appellants along with the two sisters of appellant Om Parkash. As already stated above, the Trial Court convicted only appellant Om Parkash and acquitted his mother, father and two sisters of the charges levelled against them. However, on an appeal filed on behalf of the State of Punjab, the order of acquittal passed against Sheela Wanti and Rup Lai, the mother-in-law and father-in-law of the deceased, was set aside by the High Court.

6. The Trial Court as well as the High Court have placed reliance on the statement made by the victim which was initially treated as the first information report but after her death has become her dying declaration. She has stated in detail as to how the accused persons used to harass her for not bringing sufficient dowry and pressed her parents to provide sufficient cash in lieu of dowry. For that reason she was beaten by the members of the family and se