The importance of the dying declaration and the consistency of the deceased's statements were central to the court's decision.

The appellants are A-1, A-2, A-3 and A-5. A-1 and A-2 are the father-in-law and mother-in-law of the deceased and A-3 is the brother-in-law and A-5 is the husband of the deceased. A-4 is the sister-in-law of the deceased. Except A-4, all the accused have been convicted under Section 498A and 304(B) IPC and they have been sentenced to undergo imprisonment for 7 years for the offence under Section 304 B IPC and no separate sentence was imposed for the offence under Section 498A IPC. A-4 has been acquitted for the charges.

2. The marriage of the deceased with A-5 was performed on 30.05.1996 and at that time the deceased was given 1 kg of gold, 40 kgs of silver, One set of Diamond pair, cash of Rs.2,00,000/-, Air conditioner, Fridge, Vacum Cleaner, Two emergency lights, Kitchen wares, Furnitures, Dressing Table and Bureau and in spite of that the deceased was ill-treated was not given food and she was not permitted to use the air conditioner and a further demand of air cooler was made. In view of the said demand, the deceased was not leading a happy married life.

3. P.W.1, the father of the deceased on 04.09.1997 at 11.00 p.m received intimation about the sustaining of burn injuries by the deceased on account of accidental fire and about the admission of the deceased in the Apollo Hospital. He rushed to the Hospital and on enquiry with the deceased, the deceased alleged to have repeatedly stated that she got burn injuries due to accident. At the time when she made an attempt to pick up the chimney from the loft, the same has fallen on her, in the darkness and got burn injuries. P.W.1 suspected some foul play and therefore, gave a complaint against the accused on 05.09.1997.

4. P.W.2 is the mother of the deceased and she has corroborated the evidence of P.W.1. P.W.3 is the brother of the deceased and he also speaks about the dowry given to the deceased at the time of marriage and the further demand made to the deceased. P.W.4 and P.W.5 are neighbours and they have been cited as witnesses to speak about the disturbance of electricity supply on 04.09.1997 at about 9.00 p.m for a while and resumed after some time. However they have not supported the case of the prosecution and therefore treated hostile. P.W.6 is the driver of the accused, who has attested the observation mahazar and he has been treated hostile, as he has not supported the case of the prosecution. However, he has admitted the signature and the same has been marked as Ex.P-4. P.W.7 is the witness, who speaks about the recovery of the broken chimney glasses-M.O.1 and the burnt out clothings of the deceased-M.O.2 and M.O.3. Ex.P-6 is the Observation Mahazar. P.W.10 is the Assistant Engineer working in the electricity board and he has been examined to substantiate that there was continuous electricity supply on 04.09.1997 from 7.00 pm. to 10.00 p.m at the scene of occurrence and Ex.P-11 is the certificate issued by him.

5. P.W.11 is the medical officer working in Apollo Hospital, Chennai, who speaks about the admission of the deceased on 04.09.1997 at about 9.30 p.m. The deceased was conscious at the time of admission and it was informed by the first accused that the deceased alleged to have sustained burn injuries at the time of attempting to get the chimney lamp.

6. P.W.15 is the Sub Inspector of Police attached with the Tiruvottriyur Police Station. On 04.09.1997 he received intimation from the Apollo Hospital at about 4.45 a.m (05.09.1997) and reached the Apollo hospital, Ward No.485 and received a statement from the deceased in the presence of the medical officer and the staff nurse. The deceased alleged to have stated that the chimney lamp accidentally fell on her at the time when she made an attempt to take it and sustained burn injuries. P.W.15 reached the police station and registered a case in Crime No.1021 of 1997 as fir accident as per Ex.P-18.

7. Thereafter, a requisition was made for recording the dying declaration. P.W.8 the Judicial Magistra