Nawab Singh J.:- This is an appeal filed by the State against the judgment dated October 31st, 2000 passed by learned Additional Sessions Judge, Hisar, whereby, above named respondents were acquitted in case registered against them vide First Information Report No. 294 dated November 19, 1999 under Sections 304-B and 498-A read with Section 34 of Indian Penal Code at Police Station Narnaund.

2. During pendency of the appeal, Om Parkash alias Ram Parkash respondent No. 3 died and accordingly, appeal filed against Om Parkash alias Ram Parkash stands abated.

3. The prosecution case is that on November 18th, 1999 at about 4.35 PM, Saroj (deceased) wife of Ram Phal accused-respondent No.1 was brought to General Hospital, Jind having burn injuries on her person. Dr. Krishan Kumar (PW-13) sent the information (Exhibit P-31) to Station House Officer, Police Station City, Jind. SHO, Jind further sent VT message (Exhibit P-34) to SHO, Police Station Narnaund. On receipt of that, Ram Niwas, Assistant Sub-Inspector (for short ‘ASI’) (PW-15), Police Station Narnaund reached the hospital. He moved application (Exhibit P-35) to the Medical Officer seeking his opinion whether Saroj was fit to make the statement or not? Medical Officer, vide his endorsement (Exhibit P- 36), opined that Saroj was referred to Post Graduate Institute of Medical Sciences (for short ‘PGIMS’), Rohtak. He (ASI) reached PGIMS, Rohtak and moved application (Exhibit P-25) to the Medical Officer, PGIMS, Rohtak to seek his opinion whether Saroj was fit to make the statement or not. The Medical Officer vide his opinion (Exhibit P-26) opined that Saroj was fit to make the statement. Investigator moved another application (Exhibit P-7) to Sh. K.K. Bali, Additional Chief Judicial Magistrate, (for short ‘ACJM’), Rohtak, requesting him to record the statement of Saroj on November 19th, 1999 at about 2.20 AM as find mentioned in the note (Exhibit P-8) given by ACJM, Rohtak. Sh. K.K. Bali reached PGIMS, Rohtak at 2.40 AM. He sought the opinion (Exhibit P-10) of Dr. Anil Birla (PW- 10), whereby, Saroj was declared fit to make the statement.

4. The ACJM recorded the statement of Saroj (Exhibit P-12) in question-answer form. Saroj in answers to the questions put to her, stated that she was married with Ram Phal one year ago. She was issueless. Her parents-in-law used to taunt her that she had not brought anything from her parents. On one occasion, she brought Rs.10,000/- but that could not satisfy her parents-in-law. A demand of scooter was also made but the same was not given. When asked regarding the occurrence, Saroj had stated that her parents-in-law and Jeth caught hold of her and her husband poured kerosene on her and set her ablaze.

5. She appended her right thumb impression on her statement. The ACJM further obtained a certificate (Exhibit P-13) from the Medical Officer to the effect that Saroj remained conscious during the period, she made the statement. Certificate (Exhibit P-14) was also given by the ACJM mentioning the sequence of proceedings carried out by him.

6. On the statement (Exhibit P-12) of Saroj, which later on became the dying declaration, case under Sections 307 and 498-A read with Section 34 IPC was registered at Police Station Narnaund, District Hisar vide FIR (Exhibit P-6) against the respondents.

7. Raj Kumar (PW-5) father of Saroj brought her to Holy hospital, Hisar from PGIMS, Rohtak against medical advice. Saroj succumbed to her injuries on December 2nd, 1999 at 7.15 AM. Offence under Section 302 and 304-B IPC were added. Inquest proceedings were conducted at Holy Hospital, Hisar. The dead-body was sent for post-mortem examination to Government Hospital, Hisar. Post-mortem examination was conducted by Dr. Gopal Bhardwaj (PW-8) who observed that there were 70 to 80% burns present all over the body and cause of death was septicemia as a result of extensive burns. Post-mortem report is Exhibit P-20. On completion of the investigation, the accused