Dying declaration given in conscious and fit condition affirming demand of dowry.

Having convicted for an offence under Sec.304-B, I.P.C. and sentenced to undergo rigorous imprisonment for a. period of nine years by the learned third Additional Sessions Judge, Pondicherry in S.C.No.75 of 1991 dated 28.8.1992, the appellant has preferred this appeal.

2. The facts in brief are:

The occurrence took place on 27.4.1991 at about 8.30 P.M. Three years before the occurrence, the marriage of Vasuki was celebrated with the appellant. A girl child was born through the marriage. P.W.4 is the mother and P.W.5 is the grand father of the deceased. At the time of the marriage, P.Ws.4 and 5 promised to give five sovereigns of jewel to the deceased as dowry. As the jewel was not given, the appellant used to abuse and beat the deceased. On the evening of the date of occurrence, the deceased went to the house of her grand father and asked him to give the five sovereigns of jewel. However, he was unable to give the same. On her return to the house, the appellant asked her whether she has brought the jewel. When she replied the jewel was not given, he told her they promised to give five sovereigns and why you have not brought the same and abused her. Unable to bear the harassment and the nagging insult, at 8.30 P.M. the deceased doused herself with kerosene and set fire on her. The deceased was rushed to the Government Hospital, Pondicherry, P.W.1, the duty doctor sent the intimation, Ex.P.1 to the Kalapet Police Station. P.W.10, the Sub-Inspector of Police received information at 10.15 P.M. from the Outpost Police Station attached to the Government Hospital, Pondicherry, and went to the hospital. As the condition of Vasuki was very serious, P.W.10 recorded the dying declaration of Vasuki in the presence of the doctor, P.W.2 after satisfying himself that she was conscious and she is able to answer the questions, which is Ex.P.2. Thereafter, P.W.10 returned to the police station at 11.30 P.M. and registered a case in Crime No. 42 of 1991 under Secs.498-A and 309, I.P.C. Ex.P.11 is the printed first information report prepared by him. He despatched the original first information to the Magistrate and copies to the Inspector of Police, Special Branch. On 1.5.1991 at 3.30 p.m. he arrested the appellant at Peria Kalapet and produced him before the Inspector at about 3.45 P.M. At 04.30 hrs, on 28.4.1991, Vasuki succumbed to the injuries and P.W.11 received the death intimation, Ex.P.3. Then he altered the Sec. as 304-B, I.P.C. Ex.P.12 is the report prepared by P.W.11. P.W.11 inspected the scene of occurrence at 7.30 A.M. on 28.4.1991 and prepared the observation mahazar, Ex.P.5 in the presence of the witnesses and seized M.O.1, the kerosene lamp, M.O.2, small pieces of burnt petticoat, M.O.3 series (2 in number) broken piece of mud pot and Ex.P.13, guarantee card issued by the National Jewellery bearing the date 6.1.1991 under cover of mahazar, Ex.P.6. He recorded the statements of P.Ws.1, 2, 4, 5, 6 and 7. On a requisition from the Sub-Divisional Magistrate on 28.4.1991, P.W.9, the Tahsildar, Pondicherry conducted inquest over the dead body of Vasuki as the death took place within seven years of the marriage. He went to the Government Hospital, Pondicherry and examined P.W.4, P.W.5 Kuppusamy father of the deceased, the accused and another Sellappan and prepared the inquest report, Ex.P.10. According to P.W.9, the death of Vasuki was due to the harassment by the husband of the deceased and not bringing the jewel from her parents. Thereafter, he sent his requisition to the R.M.O. for conducting post-mortem on the dead body. Ex.P.15 is the report sent by P.W.9 to the Superintendent of Police.

3. P. W.8 conducted post-mortem on the body of Vasuki on 28.4.1991 and found the following:

External Examination: Burn injuries found all over the body, sparing infra-umbilical region and right upper thigh are present. Extent of burns 90%. They are ante-mortem burns. Other organs are congested. Stomach contained yellow liquid 10 ml. No specific