JUDGMENT

A. K. PATNAIK, J.

This is an appeal by way of special leave under Article 136 of the Constitution against the judgment dated 16.09.2004 of the Punjab and Haryana High Court in Criminal Appeal No.337-SB of 1992.

Facts:

2. The facts very briefly are that on 26.02.1991 at 11.20 P.M., the Assistant Sub-Inspector of Police of Police Station-City Dabwali, District Sirsa in Haryana, Madan Lal recorded a statement of Vandana at CHC Hospital, Mandi Dabwali. She stated that about two years ago, she was married to the appellant and the appellant used to taunt her on petty matters and earlier the appellant used to tease her for dowry and on being fed up with the habits of the appellant, on 26.02.1991 between 7.00 and 7.30 P.M., she sprinkled kerosene on her and set herself on fire. The statement of Vandana was registered as First Information Report (FIR) by the S.I. of P.S. Dabwali, Kuldeep Singh. Soon thereafter on 26.02.1991, the Judicial Magistrate, First Class, R.S. Bagri, recorded a statement of Vandana under Section 164 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) in which Vandana reiterated her statement to the Police. On 27.02.1991 at 2.20 A.M., Vandana died. Post