1. - Roshan (P.W.2), on 18.06.2001, had married his daughter, Vakila with Zamil Khan s/o Bashir Khan, resident of Pahadi Chungi Naka, Niwai, District Tonk. On 19.9.2006, Vakila was admitted at Burns Ward, S.M.S. Hospital, Jaipur with burn injuries. She had received 100% burn injuries having 1st to 3rd degree burns. While admitted in the S.M.S. Hospital, Jaipur, on 20.9.2006, at 9:30 PM, Vakila expired.

2. The prosecution had sent Zamil Khan husband of Vakila, Bashir Khan father-in-law, Smt. Sharifan mother-in-law, Mubarak Khan elder brother of the husband (Jeth) and Smt. Zarina wife of elder brother of husband (Jethani) for trial, on the basis of investigation arising out of FIR No. 319/2006, registered at Police Station Niwai, District Tonk, for the offence under Section 304-B IPC.

3. It is pertinent to mention here that before registration of the case, Vakila had made a statement (Exhibit-P/12) before Sub-Inspector, Roop Narayan Puri. The said statement was recorded on 20.9.2006 at 1:45 PM. This statement has been proved on record by Ajeem Khan (P.W.11), as the said statement was also signed by him. The statement (Exhibit-P/12) made by the deceased before the Sub-Inspector was witnessed by various relations of the deceased. In a nut-shell, in the statement (Exhibit-P/12), Vakila, the deceased, stated that 19.9.2006, at 9:00 PM, when she had retired for rest to her bed, her mother-in-law told her to keep the door of the room open, as she will come to sleep with her. Vakila slept in the room. At about 11:00 PM, she found that she has been put on fire. She woke up from the sleep and raised alarm. She came out of the room. Outside the room, her mother-in-law, father-in-law, Jeth and Jethani were standing. They poured water upon her and brought her to the Niwai Hospital.

4. We need not pay attention to the statement (Exhibit-P/12) made by the deceased, Vakila to Sub-Inspector, Police, in presence of her relations, as Meena Avasthi (P.W.18) on 20.9.2006, being Judicial Magistrate, Jaipur City, Jaipur, had recorded the statement of Vakila at 4:10 PM, after she was declared fit to make statement by Dr. Ankur Bhatnagar (P.W.4), who was then posted as Resident Doctor at the Burn Ward, Plastic Surgery Department, S.M.S. Hospital, Jaipur. The statement of the deceased, Vakila (Exhibit-P/5) recorded by the Judicial Magistrate has been treated as a dying declaration.

5. In view of the arguments raised by Mr. Kapil Gupta, the learned counsel appearing for the appellants, we are of the view that it will be appropriate to reproduce the true tranlsation of the statement (Exhibit-P/5) recorded by the Judicial Magistrate, as under:-

"Burn Ward, SMS-Bed No.-Extra Bed Ticket No.75947. Name of the Doctor- Ankur Bhatnagar, Resident Doctor, certified that injured is fit to give statement.

Q. As to when and how, the occurrence had happened?

A. I had gone inside the room to sleep. At around 11:30 PM, my mother-in-law Sharifan told me not to close the door of the room, as she said that she will come and sleep with me. I have been set on fire by mother-in-law Sharifan, Zarina-Jethani, Mubarak-Jeth, and Bashir Khan father-in-law and my husband. They have put me on fire day before yesterday at 11:30 PM.

Q. Whether you know who have put you on fire?

A. Everyone with common intention did so, I intended to run out of the house, they pushed me inside the room. I learnt that the persons who have been named by me, have put me on fire.

Q. Who poured Kerosene Oil upon you and ignited the fire?

A. My husband poured Kerosene Oil and my Jethani had ignited the match-stick.

Q. When were you married?

A. I was married four years ago.

Q. How you were treated by in-laws?

A. They were always giving taunts to me on account of dowry. For one and a half year, I remained at my parental house. Three to four days ago, I had come to see my in-laws.

Q. For how long, you stayed with your in-laws?

A. Sometime I stayed for one month, and sometime I stayed with my in-laws for fifteen days