The dying declarations were found to be admissible and reliable, forming the sole basis for conviction under Section 302 IPC without the need for independent corroboration.

S. K. KESHOTE, J.

( 1 ) THIS appeal under Section 374 of the Code of Criminal Procedure, 1973 is directed by Mst. Amina W/o of Mohd. Ismile, at present in District Jail, Sikar, against the judgment of conviction and order of sentence dated 19th of September, 1995 of the Additional Sessions Judge, Sikar, in Session case No. (12/1995) 09/1995. The Additional Sessions Judge, Sikar under his judgment of conviction and order of sentence convicting the accused appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced her to life imprisonment with a fine of Rs. 1,000. 00, in default of payment thereof she has to undergo further six months rigorous imprisonment.

( 2 ) THE prosecution case is that the deceased Mst.-arina gave a parcha Bayan Ex. P. 5 on 19th of September, 1994 to Shri Mahendra Singh, Dy. S. P. Sikar (P. W. 9) at Shri Kalyan Hospital, Sikar in FSW Bed No. 21 at 9-40 am. On the basis of this parcha Bayan Ex. P. 5 of Mst.-arina First Information Report Ex. P. 13 chalked out and case No. 438/94 was registered at Police Station, Kotwali, Sikar against the accused-appellant under Sections 307 and 498-A, IPC.

( 3 ) AS per the case of prosecution, Mst.-arina was married in her early age. From last 7-8 years she was coming to the house of her in laws. She was having a daughter aged 4-5 years, whose name is Anisa. Her husband was out of India from last one year. She was living in her parents house for last two years as her husband Abdul Rahim and her mother in law Mst. Amina (accused appellant) used to give her beating. Before five days of this incident her father-in-law Mohd. Ismile brought her to in-laws house. Her father-in-law was not giving any beating to her.

( 4 ) ON the day of incident, in the morning, she was sleeping in the room on first floor on "gadda. Her mother-in-law Mst. Amina, accused appellant poured kerosene oil on her and put fire by litting a match stick. Mst.-arina cried and her father-in-law came running there. She in the state of burning came down from the room. The father-in-law has taken her to the hospital. Her daughter Anisa was at her parents house. The mother in law Mst. Amina, accused appellant used to beat her for the reason that she belonged to a poor family and had not brought money and she put fire to her after pouring kerosene oil.

( 5 ) THIS parcha Bayan Ex. P. 5 of deceased Mst.-arina, was recorded on that day at 9. 40 am. The police had drawn the proceedings on this parcha Bayan, it is noticed therein that the condition of deceased Mst.-arina is serious, her dying declarations is to be got recorded by the concerned Judicial Magistrate.

( 6 ) ON 19th of September, 1994, Shri Mahaveer Prasad Sharma, RJS Additional Civil Judge (Junior Division) and Magistrate I Class No. 1, Sikar at S. K. Hospital at 11. 05 am. recorded the dying declaration of deceased Mst.-arina, who was admitted in FSW Bed No. 21.

( 7 ) DURING investigation of the case, the Investigating Officer, Shri Mahendra Singh (P. W. 9), has prepared Ex. P. 1 site plan, Ex. P. 2 seizure memo of one cloth of tilak of deceased Mst.-arina, Ex. P. 3 seizure memo of one salwar one jamfar and one loongadi of Mst.-arina. The accused appellant was arrested on the same day. Ex. P. 4 her arrest and personal search memo has been prepared. Dr. G. R. Tanwar (P. W. 7) Medical Jurist of Shri Kalyan Hospital, Sikar has prepared Ex. P. 6 injury report of deceased Mst.-arina. Deceased Mst.-arina for the treatment was taken from the S. K. Hospital, Sikar to S. M. S. Hospital, Jaipur where she died on 19th of November, 1994. Post mortom on her body has been conducted by Dr. P. N. Mathur (P. W. 12) and he prepared post mortem report Ex. P. 10. Inquest report (Ex. P. 9) has been prepared. In the case the offence punishable under Section 302, I. P. C. has been added after her death.

( 8 ) AFTER completing the investigation, the challan has been filed against the accused appellant for the commission of offen