JUDGMENT :

[Sanjay K. Agrawal, J.]

1. In both the appeals, since common question of fact and law is involved and have been arisen from one Sessions Trial No.71/2012, therefore, both the appeals have been clubbed together, heard together and are being decided by this common judgment.

2. Criminal Appeal No.747 of 2013 has been filed by the sole appellant, namely Smt. Janki Bai under Section 374(2) of Cr.P.C. questioning the legality, validity and correctness of impugned judgment of conviction and order of sentence dated 25.07.2013, whereby she has been convicted and sentenced to undergo as under :

3. Criminal Appeal No.706 of 2013 has been filed by the appellants, namely Subhash Chand Patel and Khagraj Patel under Section 374(2) of Cr.P.C. questioning the legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 25.07.2013, whereby they have been convicted and sentenced as under :

4. Case of the prosecution, in short, is that on 27.12.2011 at 6:00 A.M. at village Marghatti, P.S. Jaijaipur, District Janjgir-Champa, Janki Bai (mother-in-law), Subhash Patel (father-in-law) and Khagraj Patel (husband) have treated the deceased Khemkumari with cruelty and quarreled with her and in furtherance of common intention poured kerosene oil on her body and set her ablaze by which she suffered grievous burn injury and ultimately died on 30.01.2012, which is within seven years from the date of marriage; thereby, they committed aforesaid offences.

5. On information being given, father of the deceased Khemkumari namely Prem Singh Patel (PW-1) reached immediately to village Marghatti and in the meanwhile, Khemkumari was escorted for medical treatment to Asharfi Devi Mahila Hospital, Raigarh, where Dr. Rupendra Patel (PW-8) examined injured Khemkumari and advised her family members to take her to Fortis Jindal Hospital, Raipur for better medical treatment. The initial treatment memo is Ex.P-12 and meanwhile Dr. Rupendra Patel (PW-8) has also informed Police Station- City Kotwali, Raigarh regarding the incident vide Ex.P-11 dated 27.12.2011 and on receiving the information, the police recorded statement of the deceased Khemkumari under Section 161 of Cr.P.C. vide Ex.P-26 and also recorded the statement of her father namely Prem Singh Patel (PW-1) vide Ex.P-27. On the same date, the police issued a memo requesting the Sub Divisional Officer, Raigarh to record the dying declaration of injured Khemkumari vide Ex.P-28. Consequently, the Executive Magistrate/ Tahsildar namely Amit Kumar Shrivastava (PW-16) has recorded dying declaration of the injured Khemkumari vide Ex.P-14 in presence of two independent witnesses namely Jitendra Kumar (PW-9) and Ramnarayan Patel (not examined).

6. It is further case of the prosecution that, in the mean time, on 27.12.2011, Police Station Kotra Road, Raigarh, registered FIR at Zero number vide Ex.P-29 and on the next date, Police Station Jaijaipur, District Raigarh has registered FIR bearing Crime No.276/2011 vide Ex.P-31 against the present appellants and on the same date, prepared the property seizure memo vide Ex.P-9 and seized the incriminating articles from the spot. On 29.12.2011, Police Station Jaijaipur has prepared a 'Mauka Panchnama' of the spot vide Ex.P-6 and examined Nutan Patel (PW-2) and Lalmani Patel (PW-3) as independent witness of the same. Furthermore, on advice of Dr. Rupendra Patel (PW-8), father of Kh