IMPORTANT POINT
Dying declarations must be consistent and corroborated; inconsistencies can undermine their reliability and lead to acquittal.

JUDGMENT :

[Per Hon’ble Mr. Justice Munnuri Laxman] :

1) The challenge in the present appeal is to the judgment of conviction dated 20.03.2017 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan on the file of Sessions Case No.150/2013 (N.C.V. No.886/2014), wherein and whereby the appellants-accused were convicted for the offences punishable under Sections 498-A and 302/34 of IPC and sentenced as under:-

2) The case of the prosecution is that on 15.05.2013, PW-1 Smt. Sanu Kanwar, the mother of the deceased-Poonam lodged a report stating that the marriage between Mangal Singh and the deceased were performed on 02.01.2007 as per the Hindu rituals and customs. Out of the said wedlock, a female child, namely, Ranu was born, who is now 4 years of old. At the time of marriage, gold, silver, clothes, utensils and other household items were given as per their financial capacity. After 3 years of marriage, the in-laws started harassing the deceased to bring money from parents. Two to three times, the compromise talks were held. The husband was a drunkard. He used to beat the deceased. All the accused used to harass her demanding additional dowry. Two days prior to the incident, she was physically assaulted. On 15.05.2013, accused-Madan Singh, father-in-law of the deceased called and informed that the deceased received burn injuries and they were shifting the deceased to MGH Hospital, Jodhpur. When she reached the hospital, she found that her daughter was lying on bed with burn injuries. On enquiry with her daughter, she informed that her co-sister, Guddi i.e. wife of accused-Arjun Singh who is younger brother of Mangal Singh, caught hold her hands, father-in-law poured kerosene and lit the fire. At that time, her brother-in-law was watching her standing at the gate outside the room. While her husband was shouting again and again. He saw the deceased getting burned by his father and sister in law and later he also lit fire on her foot. Basing on the above report, an FIR was lodged against the accused for offences under Sections 498-A, 307, 324 of IPC.

3) The A.S.I. of the concerned police station rushed to the hospital and he recorded the statement under Exhibit-P/41 on the same day at about 10:10 p.m. During the course of investigation, the statements of Smt. Sanu Kanwar, mother of the deceased (PW-1), Jeevraj Singh, maternal uncle (PW-3) and Gopal Singh, father of the deceased (PW-9) were recorded. The Investigating Officer also recorded the statement of the deceased under Exhibit-P/37. On the same day, PW-17, the Additional Chief Judicial Magistrate recorded the dying declaration of the deceased under Exhibit-P/19. After investigation, charge-sheet was filed.

4) The final investigation reveals that there was constant harassment to the deceased from all the accused demanding her to bring additional dowry, two days prior to the incident, there was physical assault on her by husband, father-in-law and sister-in-law. On 15.05.2013 at about 6:30 pm, the deceased was in her room. The co-sister Guddi and her husband Arjun Singh caught hold her hands, father-in-law Madan Singh poured kerosene and husband Mangal Singh lit the fire. The unknown neighbours rescued the deceased and shifted her to the hospital. While undergoing treatment, she succumbed to burn injuries on 24.05.2023.

5) The trial court on the basis of above allegations framed the charges for the offence under Section 498-A, 304-B IPC in alternate 302 read with Section 34 of IPC. The prosecution in support of its case examined as many as 19 witnesses and adduced 42 documents. Accused were examined under Section 313 Cr.P.C. and they denied the incriminating evi