Judgment

JUDGMENT :- Shakuntala, a lady, is the sole appellant herein. She was a teacher. 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 occurrence is said to have been taken place on 27-4-1978 at about 6.00 p.m.

2. 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. Along with the appellant one Devinder Kumar the brother of the husband of the deceased was also tried but he was acquitted. The trial court, entirely relying on the dying declaration, convicted the appellant and the same was upheld by the High Court.

3. The prosecution case is as follows:

The appellant, Shakuntala, aged about 44 years was a teacher. She was living in the neighbouring house along with her five children. 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 an