The importance of proving the contents of the dying declaration and fair questioning of the accused under section 313 of Cr.P.C. in establishing the guilt of the accused beyond reasonable doubt.

JUDGMENT

Sadhana S. Jadhav, J. - The challenge in this appeal is to the judgment passed by the Additional Sessions Judge, Pune in Sessions Case No.340 of 1996 by which the appellants - Accused Nos.2, 3, 4, 6 and 7 herein are convicted for the offence punishable under sections 302 r/w 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.1000/- each in default to pay fine each of them to undergo further R.I. for 6 months for offence punishable under section 302 r/w 34 of IPC. Accused Nos.2, 4 and 5 are convicted for the offence punishable under section 498A r/w 34 of IPC and sentenced to undergo R.I. for one year and to pay a fine of Rs.1000/- each in default of payment of fine each of them sentenced to undergo R.I. for 3 months for offence punishable u/s. 498A r/w 34 IPC. Hence, these Appeals.

2. Such of the facts necessary for the decision of these Appeals are as follows :-

(i) Tirathkaur Bhond (P.W.4) is the grandmother of the deceased Azadkaur. Azadkaur was married to Takdirsing (who happened to be a Juvenile-in-conflict with law at the time of incident). Hence, his case is separated. On 22nd June 1996, P.W4 lodged a report at the Police Station alleging therein that at the time of marriage of Azadkaur her son had paid Rs.10,000/- towards dowry. He had spent a sum of Rs.20,000/-. That, her grand-daughter was treated properly for few days. Thereafter, all the family members were insisting upon her to fetch money to enable her husband Takdirsing to start a new business. The deceased had complained to her grandmother about the same. Her in-laws were insisting upon P.W.4 to give an amount of Rs.20,000/- as a capital for new business. On 20th June 1996, Azadkaur had been to the house of P.W.4 and had complained that she is subjected to starvation and harassment since she is unable to fetch Rs.20,000/-. On 22nd June 1996, P.W.4 had visited the house of the deceased. At that time, she saw her in-laws quarreling with Azadkaur. P.W.4 intervened, pacified the in-laws of Azadkaur and returned to her home. At about 5.00 pm, she visited the house of Azadkaur to ensure the safety of Azadkaur but she saw that she was being assaulted. P.W.4 attempted to give an understanding to the in-laws. The same continued upto 8.00 pm. The in-laws caught hold of Azadkaur, Takdirsing doused her with kerosene and set her ablaze. P.W.4 saw the incident of Azadkaur being set ablaze and rushed to her house to inform her son Rupsing i.e. father of Azadkaur. Then her family members rushed to the house and they saw Azadkaur in flames and took her to the hospital. On the basis of her report, Crime No.158/1996 was registered at Parnakuti Police Chowky for the offences punishable under sections 498A, 307 r/w 34 of IPC.

(ii) On 22nd June 1996, at about 11.30 pm, the statement of the injured Azadkaur was recorded by Special Judicial Magistrate. She disclosed to the Magistrate that she was set ablaze by her husband. She succumbed to the burn injuries on 24th June 1996 and hence, section 302 of IPC was added.

(iii) At the trial, the prosecution examined as many as 6 witnesses to bring home the guilt of the accused. The prosecution mainly rests on the evidence of P.W.1 Dr. Shivdas Chavan who examined the injured in Sasoon Hospital on 22nd June 1996 and had given treatment to her, P.W.2 Ulhas Koranne, Special Judicial Magistrate who recorded dying declaration (Exh.44) of the victim, P.W.3 Dr. Shrikant Chandekar who performed autopsy on the dead body of Azadkaur, P.W.4 complainant, P.W.5 Latakaur, mother of the deceased.

3. The deposition of P.W.4 Tirathkaur is in consonance with the allegations made by her in the FIR. According to her, on 22nd June 1996, her grand-daughter had complained to her about the ill-treatment meted to her for not fulfilling the demand of Rs.20,000/-. P.W.4 had been to the house of the accused and persuaded them not to give ill-treatment to her grand-daughter. Azadkaur was beaten by her in-laws in the prese