IMPORTANT POINT
Principles for testing authenticity of dying declaration restated.

JUDGMENT

Surinder Singh Nijjar, J. —

1. This appeal has been filed by the two appellants challenging the judgment rendered by the High Court of Punjab and Haryana in Criminal Appeal No.226-DB of 2002 dated 18.5.2004. By the aforesaid judgment, the High Court has confirmed the judgment of the Sessions Judge, Faridkot dated 25.1.2002 in Sessions Case No. 48 of 16.12.1997 and Sessions Trial No. 390 of 7.4.1998 whereby both the appellants have been convicted under Section 302 IPC for the murder of Anita Rani, hereinafter referred to as “the deceased”. However, Neelam Rani, sister-in-law of the deceased has been given benefit of doubt and acquitted of the charges framed against her.

2. It appears that Anita Rani, deceased was married to Amit Kumar, appellant herein, about 4 = years prior to the date when she was set on fire, which led to her death.

Both the Courts have noticed the continuous history of torture and harassment of the deceased by the appellants and their deceased mother Kailash Rani as they were not satisfied with the dowry given to the deceased at the time of marriage. Both the Courts have also noticed that continuous efforts had been made to bring about reconciliation between the deceased and the in-laws. Efforts had been made by the panchayat also to make the in-laws of the deceased accept the fact that her parents had given as much dowry as they could afford. However, it appears that the family of the in-laws was not satisfied and, therefore, decided to do away with the young bride, merely 22 years of age. She was set ablaze in broad daylight on the morning of 26.6.1997, in the courtyard of the house belonging to her in-laws. The horror of the story lies in the fact, that the victim lost her life, because her parents failed to provide a refrigerator and a television.

3. With the aforesaid tragic prelude, we can now proceed to decipher the events which culminated in the burning of Anita Rani on the morning of 26.6.1997.

4. According to Kimti Lal, PW1 and Gulshan Kumar, PW5, it was Asha Rani PW2, neighbour of the deceased, who told them that Anita Rani had been set ablaze with kerosene oil. Thereafter, they went to the house of the accused where they saw Anita Rani lying in the courtyard, having been severely burnt. However, the fire had been extinguished by the time they reached. On enquiry made by Kimti Lal, PW1, Anita Rani stated “Kailash Rani, Amit Kumar, Brij Bhushan and Neelam Rani had put kerosene oil on her and set her on fire and she should be saved.” At that time, all the accused were present in the courtyard. Kimti Lal and Gulshan Kumar took Anita Rani to Dayanand Medical College/Hospital, Ludhiana and got her admitted there. ASI Rajpal Singh (PW 17) received information about the incident at about 12.15 p.m. He promptly reached the hospital (DMC), and made preliminary enquiries. Thereafter, he went to the Duty Magistrate and moved a request application (Ex.P26) at 4.30 p.m. for recording the statement of Anita Rani. (Endorsement Ex.P27 was made by Judicial Magistrate i.e. on the application). Within a short period, ASI Rajpal Singh alongwith Harjinder Pal Singh, PW13, the then Judicial Magistrate, Ist Class, Ludhiana, reached the hospital. Opinion of the doctor regarding the fitness of the patient was given at 5.05 p.m. (Ex.P28). After she was declared fit (endorsement Ex.P11), her statement (Ex.P29) was recorded at 5.25 p.m. Thereafter, ASI Rajpal Singh, PW17 recorded another statement of Anita Rani (Ex.P8) from 5.40 p.m. to 6.30 p.m. This statement was also recorded after obtaining the opinion of the doctor (Ex.P13). On the basis of the aforesaid statement, a ruqa was sent for the registration of the case at the Police Station, Moga resulting in the recording of a formal FIR (Ex.P7). Initially, the FIR was recorded under Section 307/498-A/34 IPC against all the four accused, namely, Amit Kumar, Brij Bhushan, Kailash Rani and Neelam Rani. However, Anita Rani died on 1st July, 1997. Therefore, the case w