Mohammad Rafiq, J.

1. This appeal is directed against judgment dated 21st July, 2012 passed by the Court of Additional District Judge, Jaipur District, Jaipur (for short ‘the trial court’) whereby the accused-appellant has been convicted for offence under Sections 498A and 302 IPC and sentenced under Section 302 IPC to life imprisonment with fine of Rs. 2,000/-, in default of payment of fine, to further undergo additional rigorous imprisonment for 3 months and under Section 498A IPC, to rigorous imprisonment for 3 years with fine of Rs. 1,000/-, in default of payment of fine to further undergo 3 months’ additional rigorous imprisonment. Both the sentences were ordered to run concurrently.

2. Facts of the case are that FIR No. 38/2011 was registered at Police Station Chandwaji, District Jaipur Rural on the basis of parcha bayan given by one Smt. Raju Bano wife of the accused-appellant Gulam Nabi @ Ballu (Exhibit P-17), which was recorded by Ratan Lal, Sub Inspector of Police Station Chandwaji on 7th February, 2011. FIR was initially registered for offence under Sections 498A, 323 and 307 IPC. During the course of treatment, Smt. Raju Bano succumbed to her injuries, therefore, offence under Section 302 IPC was added and investigation commenced. Upon completion of investigation, the police filed charge sheet against the accused-appellant for offence under Sections 302 and 498A IPC before the court of concerned Magistrate, who committed the case to the trial court. The trial court framed charges under Sections 498A and 302 IPC against the accused-appellant, which he denied and claimed to be tried. The prosecution, in support of its case, produced 13 witnesses and got exhibited 39 documents. Thereafter, the accused-appellant was examined under section 313 Cr.P.C. wherein he stated that he has been falsely implicated in the case. In defence, 4 witnesses were produced and two documents were got exhibited. The trial court, on conclusion of trial, convicted and sentenced the accused-appellant vide impugned judgment in the manner, as indicated above.

3. The impugned judgment is primarily founded on parcha bayan given by the deceased on 7th February, 2011 (Exhibit P-17) and secondly, on the basis of dying declaration (Exhibit P-5) recorded by Manoj Meena, Judicial Magistrate (P.W.1) on 8th February, 2011. The deceased in the parcha bayan alleged that her marriage was solemnized with the accused 7 years ago and she had a son aged about 4½ years. Her husband was earning his livelihood by doing the work of tiles fitting. On the fateful day, when the deceased was in her room, the accused came drunk at about 12.00 in the noon. The accused closed the room from inside and threatened the deceased that he would kill her. When she cried for help and tried to open the door, the accused did not allow. A jerrican, full of kerosene, was lying in the room. The accused lifted the jerrican and poured kerosene over the body of the deceased and lit the fire. The deceased opened the door and came out while crying for help. Accused-appellant also came out of the room. Salim Khan, cousin of the accused poured water on the body of the deceased to quench the fire. Then, someone wrapped her body with blanket and extinguished the fire. The deceased became unconscious. When the deceased was admitted in seriously injured condition in SMS Hospital, Jaipur, Assistant Sub Inspector of Police Station Chandwaji (P.W.7) submitted an application to Chief Judicial Magistrate, Jaipur District on 7th February, 2011 praying therein that Magistrate be nominated to record dying declaration of Smt. Raju Bano. Chief Judicial Magistrate nominated Shri Manoj Meena, Judicial Magistrate (P.W.1), who visited the hospital at 6.40 P.M. on 7th February, 2011. He inquired from Dr. Vishal, Senior Resident, Plastic Surgery Department as to fitness of Smt. Raju Bano, who told this witness that she was not in a fit condition to give her statement and also gave a return certificate to t