Judgment :-

M.Y. Eqbal, J.

These appeals are directed against judgment and order dated 06.09.2008 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 342-DB of 2006, whereby the High Court dismissed the appeal of the accused persons and upheld the judgment dated 25.04.2006 passed by the Additional Sessions Judge, Bhiwani (Haryana) in Sessions Case No.8 RBT of 18.3.2004, inflicting sentence with rigorous imprisonment for life under Section 302/498-A read with Section 34, Indian Penal Code and imposed fine with default clause.

2. The facts leading to the prosecution story are that on 16.1.1995, Rajni-deceased was married with Mahender Singh alias Mahender Gulati and out of this wedlock, three children were born. Both the appellants, namely Mahender Gulati and Prem Kumar Gulati (brother in-law (jeth) of deceased) are the brothers. The prosecution case is that on receipt of V.T. message on 10.12.2003, ASI Ram Singh rushed to PGIMS, Rohtak with regard to admission of Rajni in burnt condition. After obtaining Doctor’s certificate regarding fitness of the victim to give statement, Additional Chief Judicial Magistrate, Rohtak recorded her statement (dying declaration) to the