P. Diwaker, J.

1. This appeal has been filed against the judgment of conviction and order of sentence dated 17.5.2013 passed by the 2nd Additional Sessions Judge, Durg in S.T. No.33/11 convicting the accused/appellants under Sections 498A & 302 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo R.I. for 3 years & fine of Rs.500/- and R.I. for Life and fine of Rs.5,000/- with default stipulations, respectively.

2. In the present case name of deceased is Shabana Anjun, wife & daughter-in-law of accused/appellants respectively.

3. According to the prosecution, marriage of Shabana Anjum (since deceased) and accused/appellant No.1 was solemnized sometime in the year 2005 and she suffered 70% burn injuries on 22.8.2010 when appellant No.2 poured kerosene oil on her and appellant No.1 set fire on her. Said Shabana Anjum was immediately taken to the hospital where Dehati Nalishi (Ex.P-19) was recorded at her instance in which she has disclosed that she was subjected to cruelty by accused/appellants for non fulfilment of demand of dowry and on the date of incident, she was first abused by her mother-in-law (accused No.2), who subsequently poured kerosene oil on her and then was set ablaze by her husband (accused No.1). She further states that she somehow managed to extinguish fire by pouring water upon her. Based on this dehati nalishi, FIR (Ex.P-20) was registered against the accused persons under Section 3074/34 IPC on 23.8.2010 itself. After hospitalization of said Shabana Anjum, her MLC was done by the doctor (PW-4) vide Ex.P-1 and he noticed 70% burn injuries on her body. On 23.8.2010 itself a letter of request was issued to the Executive Magistrate (PW-8) requesting him to visit the hospital and record statement of injured Shabana Anjum. After certification by the doctor that injured Shabana is in a position to give statement, the Executive Magistrate recorded her dying declaration vide Ex.P-12. Statement of said Shabana under Section 161 of CrPC was also recorded vide Ex.P-24 in which also she narrated as to the manner in which she was burnt by the accused/appellants. Said Shabana Anjum succumbed to her burn injuries while undergoing treatment in the hospital on 28.9.2010. On receipt of death intimation, the offence has been converted into Sections 498A & 302 of IPC. Inquest on the body of deceased was conducted vide Ex.P-6 in presence of the witnesses. After the inquest, the dead body was sent for post-mortem examination which was conducted by Dr. V.S. Baghel (PW-2) and he noticed ante-mortem flame burns almost all over the body of deceased. He opined that the deceased died of shock due to extensive deep burns along with septicaemia & anaemia.

4. After completing investigation, the charge sheet against the accused/ appellants has been filed in the Court of Judicial Magistrate 1st Class, Durg who committed the case to the Court of Sessions from where the Additional Sessions Judge has received the same on transfer for trial. On hearing the prosecution and the accused, the Additional Sessions Judge framed charges under Sections 498A & 302 of IPC, read over and explained the same to the accused/appellants and they pleaded not guilty and claimed to be tried. To bring home the guilt of accused/appellants for the offences with which they stood charged, the prosecution examined 15 witnesses. Statements of accused/appellants under Section 313 CrPC were also recorded in which they pleaded innocence and false implication. They examined three witnesses in their defence to establish that the deceased set herself ablaze.

5. The trial Judge on appreciation of the evidence brought on record, found the accused/appellants guilty for the offences under Sections 498A & 302 of IPC and convicted them accordingly and sentenced them as mentioned above.

6. Counsel for accused/appellants submits that;-

the appellants have been falsely implicated in the crime in question which is evident from the discharge summary, w