( 1 ) THE dying declaration of Shakuntla recorded by the Investigating Officer is the basis of conviction of her husband Chetan Dass and of her sisters-in-law Kaushalya and Koyal for the offence under Section 302 read with 34 of the Indian Penal Code.

( 2 ) BY this appeal, the conviction and the sentence of life imprisonment imposed on the three appellants by Shri J. D. Kapoor, Add1. Sessions Judge, Delhi is under challenge.

( 3 ) THE prosecution case was that Shakuntla was burnt by the three appellants in furtherance of their common intention to murder her. Kaushalya and Koyal are sisters. Their respective husbands are elder brothers of Chetan Dass, husband of the deceased. All of them live together. Chetan Dass got married to Shakuntla about eight years prior to the date of occurrence, i. e. , 13th April, 1981. They had three children. The husband and the wife used to quarrel as allegedly Chetan Dass was having an affair with one woman named om . On 12th April, 1981, Shakuntala was given severe beating by her husband because it is alleged, he wanted to keep 0m in their matrimonial home. In the morning of the next day Shakuntala was burnt. The facts preceding the burning and the parts played byeach of the accused, have been vividly brought out in the dying declaration which is also the basis of the First Information Report (Ex. Public Witness 4/c ). That statement (Ex. Public Witness 4/b) of the burnt wife may be noticed in full :

"that about 8 years back I had been married to Chetan Dass s/o Mangat Ram. I have one male child aged 2 years and two daughters aged 4 years and 8/9 months. I was having dispute with my husband for he was under the influence of his sister-in-laws, namely, Kaushalya and Koyal and he used to ignore me. My husband has been meeting one girl 0m who is the daughter of Som Nath member and resides in Basti Julahan and he has been having love affair with her. There used to be quarrels between myself and my husband over this issue. My both sisters-in-law act according to the wishes of 0m. Yesterday, the 12th April, 1981, my husband continued to pickup quarrels with me throughout the day and had been beating me with kicks and fist blows and had been saying that he would keep 0m at his house and further that he would not keep me with him. The name of the husband of 0m is Chhote Lal. My sisters-in-law and my husband had beaten me tonight as well. Today at about 6. 30 in the morning both of my sisters-in-law namely Koyal and Kaushalya and my husband Chetan Dass were present at home. I had gone inside the room of house in order to bring some articles, Koyal who was having a white plastic container which contained kerosene oil, poured on my bead and whole body from my back side and my sister-in-law, Kaushalya set me on fire with a match box. When I raised alarm and tried to run outside, my husband Chetan Das pushed me and did not allow me to go out. I kept on burning and raising alarm. On hearing the alarm, some neighbours came there and my husband Chetan Das raised the alarm that she set herself on fire and then he poured water on me. Thereafter my mother-in-law Mam Kaur and some other persons brought me to the hospital and got me admitted there. My husband Chetan Das in collusion with my both sisters-in-law has attempted to kill me by way of setting me on fire as they (sisters-in-law) are jealous of me and had given beating to me at a number of times. My mother-in-law is innocent in this matter. I have heard the statement and the same is correct. "

( 4 ). The above statement according to prosecution case was recorded by Sub-Inspector Sis Ram, the Investigating Officer (Public Witness 24) at 12. 40 p. m. on the day of the incident, viz. , 13th April, 1981 in the "burn Ward" of the Jai Prakash Narayan Hospital, Delhi where she had been admitted at about 8. 45 a. m. in a conscious state but was declared unfit for making a statement. As per the MLC (Ex. Public Witness 22/a), she was brought to the