The judgment emphasizes the importance of scrutinizing dying declarations, considering the nature of injuries, and evaluating the motive for the offense to determine the truthfulness of the statements.

Mehtab S.Gill, J.

1. This is a Murder Reference sent by the Additional Sessions Judge, Moga under Sections 366/368 of the Cr.P.C. The learned trial Court vide its judgment/order dated 1.4.2006/4.4.2006 convicted appellant Harbans Kaur wife of Kartar Singh under Section 302 IPC and sentenced her to death and directed that she be hanged by the neck till she is dead.

2. We will be taking up Murder Reference No. 2 of 2006 and the appeal preferred by appellant Harbans Kaur, i.e. Criminal Appeal No. 309-DB of 2006 together and will be passing a common judgment, as both arise out of the same judgment/order. The case of the prosecution is unfolded by the statement Ex. P-33 of Harpreet Kaur wife of Gurjit Singh given to ASI Darshan Singh of P.S. Kot Ise Khan on 9.3.2005. She stated that she was married with Gurjit Singh about 7 years back. She has a son by the name of Rajwinder Singh who is about 5-1/2 years old. Gurjit Singh plied a taxi at Kot Ise Khan. On 4.3.2005 at about 2 p.m. Gurjit Singh had gone to the Taxi Stand as usual. Harpreet Kaur and her mother-in-law Harbans Kaur were present in the house. Harpreet Kaur was preparing meals in the room. Her mother-in-law Harbans Kaur came in, all of a sudden, carrying a jug containing kerosene oil. As soon as she came in, she poured kerosene oil on her (Harpreet Kaur) and after extracting a match stick from a match-box, at once set her on fire. Harpreet Kaurs clothes caught fire. She quickly came out into courtyard shouting for help. Because of the fire, clothes of Harpreet Kaur stuck to her body. She fell down in the courtyard and became unconscious. She further stated that her husband Gurjit Singh firstly took her to Dr. Dharampal at Kot Ise Khan. Then she was taken to Sharma Hospital, Dutt Road, Moga. On seeing that her condition was deteriorating, on 7.3.2005 her brother Balwinder Singh and her husband Gurjit Singh brought her to Anil Baghi Hospital, Ferozepur City. She further stated that due to fire, she suffered burn injuries on her breast, abdomen, back, both thighs and both arms. The cause of grudge was that her mother-in-law was a lady of loose character and unknown persons used to visit her from different areas. Harpreet Kaur took ill of this and used to try to dissuade her from indulging in illegal activities. But instead of stopping, her mother-in-law picked up a quarrel with her and because of this she poured kerosene oil on her (Harpreet Kaur) and set her on fire with an intention to kill her. Further, she has stated in her statement, that she has heard the same, which is correct and it is thereafter she has put her left thumb impression on her statement.

3. Statement Ex. P-33 was recorded on the basis of a QST sent on 8.3.2005 to the SHO, Police Station, Ferozepur City that Harpreet Kaur wife of Gurjit Singh was lying in Anil Baghi Hospital, Ferozepur City, due to burn injuries. On this Darshan Singh ASI along with a police party reached Anil Baghi Hospital, Ferozepur. Due to non-availability of the doctors at night, no action could be taken. On the next day i.e. 9.3.2005, Darshan Singh ASI again got the opinion of the doctor in writing regarding fitness of injured Harpreet Kaur. The doctor declared Harpreet Kaur fit to make a statement. Before getting it thumb-marked, Darshan Singh ASI read over the statement to Harpreet Kaur, who after hearing it and admitting the same to be correct, affixed her left thumb impression. Her right thumb impression could not be affixed as it had got burnt. On the basis of this statement FIR Ex. P-35 was recorded on 9.3.2005 at 3.05 p.m. Special report reached the C.J.M. Moga on 10.3.2005 at 5 a.m.

4. Shri Harish Anand, J.M.I.C., Ferozepur recorded another dying declaration Ex. 24 of Harpreet Kaur on 9.3.2005 at 3.05 p.m. Harpreet Kaur stated that she is aged 30 years. She is a resident of Village Chuge Wali. (Again said, resident of Joge Wala). Her marriage was solemnized with Gurjit Singh seven years back. She has two sisters and