(1) CRIMINAL Appeal No. 743 of 1989 is filed by Mahendra Singh, the husband and his mother Radhabai. the mother-in-law of the deceased Khemabai. The appellant in Criminal Appeal No. 402 of 1989 is Gayatribai, the sister-in-law of the husband of the deceased Khemabai. These three appellants stand convicted under Section 306 Indian Penal Code whereunder they have been sentenced to three years RI each. Insofar as the appellants in Criminal Appeal No. 743 of 1989 are concerned, they have undergone the sentence imposed on them. Sentence of the appellant in Criminal Appeal No. 402 of 1989 stands suspended under orders of this court after the appellant has undergone sentence of barely about ten days. The charge under Section 306 Indian Penal Code is basically based on the dying declaration of the deceased which when translated reads as follows:

"MY mother-in-law and husband and sister-in-law (husbands elder brothers wife) harassed me. They beat me and abused me. My husband Mahendra wants to marry a second time. He has illicit connections with my sister-in-law. Because of these reasons and being harassed I want to die by burning."

(2) LEARNED counsel for the appellant ri