The judgment underscores the necessity of reliable evidence in criminal cases, particularly regarding dying declarations and the burden of proof on the prosecution.

JUDGMENT

Mehta, J. - The appellants herein have been convicted and sentenced as below vide Judgment dated 21.02.2017 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bikaner in Sessions Case No.59/2013:

2. Being aggrieved of their conviction and sentences, the appellants have preferred the instant appeal under Section 374(2) Cr.P.C.

3. Facts relevant and essential for disposal of the appeal are noted herein below:

4. The appellant Rupa Ram was married to Smt. Geeta for about six years before the incident took place. It is alleged that Smt. Geeta was maltreated in the matrimonial home on numerous occasions and being fed up of such cruel behaviour, 2-3 days before the incident, she walked out of her matrimonial home and went straight to her parental house on foot. Thereafter, her parental relatives convinced her to reconcile the differences with her husband and in-laws and accordingly, she was sent back to her matrimonial home on the evening of 05.09.2011. On 06.09.2011 at about 06.00 a.m., Smt. Geeta went to the kitchen for preparing tea. Her husband, mother-in-law and brother-in-law quarreled with her owing to an incident of previous night following which, they brought a canister full of kerosene. Her husband poured kerosene on her while her mother-in-law instructed that Geeta should be set on fire whereafter, her brother-in-law lit the matchstick and set her afire. She screamed on which, neighbours Tejaram and Hemaram came around and doused the fire by putting a rug around her. Lalaram, Kundan and Sugnaram took her to the Nokha Hospital where her maternal relatives also arrived. From Nokha Hospital, the doctor referred her to PBM Hospital, Bikaner. A Parcha Bayan (Ex.P/12) of Geeta with the above narrative was recorded by the SHO, Police Station Panchu at the PBM Hospital, Bikaner on 06.09.2011 at 12.45 p.m. on the basis whereof, an FIR No.81/2011 (Ex.P/13) came to be registered at the Police Station Panchu, District Bikaner for the offences under Sections 498A, 307 and 324 IPC and investigation was commenced. Smt. Geeta passed away at the PBM Hospital on 25.09.2011 upon which, offence under Section 302 IPC was added to the file. After concluding the investigation, a charge-sheet was filed against the appellants herein and Kani Devi (in abscondance) in the Court of the Judicial Magistrate, Nokha for the offences under Sections 498A and 306 IPC. It may be stated here that the investigating agency did not find the offence under Section 302 IPC proved against the appellants herein.

The learned Judicial Magistrate, Nokha however, proceeded to take cognizance for the offences under Sections 498A, 304B and 302 IPC and committed the case to the Court of the Sessions Judge, Bikaner from where, the same was transferred to the Court of the Additional Sessions Judge (Women Atrocities Cases), Bikaner for trial where, Sessions Case No.59/2013 came to be instituted. Charges were framed and were read out to the accused for the offences under Sections 498A and 302/34 IPC. They were discharged from the offence under Section 304B IPC. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 16 witnesses and exhibited 20 documents in support of its case. Upon being questioned under Section 313 Cr.P.C, the accused denied the prosecution allegations and claimed to beinnocent. The accused appellant Sugnaram stated that the deceased got burnt accidentally while preparing tea. No witness was examined in defence. After hearing the arguments advanced by the prosecution and the defence and, appreciating the evidence available on record, the learned trial court, proceeded to convict and sentence the appellants in above terms. Hence this appeal