JUDGMENT :

Rohinton Fali Nariman, J.

1. Leave granted.

2. In the present case, an F.I.R. dated 28th March, 2002 was lodged in which it was stated that the father-in-law and mother-in-law of the lady who committed suicide harassed her for at least five years and this harassment, therefore, led to offences being committed under Sections 498A and Section 306 of the Indian Penal Code. The Trial Court relied upon the evidence of PWs 4 and 5, who were neighbours, who attested to the fact that there was harassment meted by the in-laws to the dead lady. Medical evidence also shows that there were 90% burns as the lady had poured kerosene on herself and set herself on fire. Most importantly, according to both the Trial Court and the High Court, a dying declaration was made before PW 9 who was a Sub-Divisional Magistrate, which reads as follows:-

“The PW-9, Himmat Singh has stated that as on 28.03.02, he was working as SDM and on that day he had gone to the hospital to record the statement of the deceased. At that time Dr. Verma was the duty doctor and he has stated that Lalita was in a state of fitness to record her statement. When I asked Lalita she had told that she was sleeping and her in-la