Ram Chand Gupta, J.:- The present appeal has been filed against judgment of conviction dated 25.7.2001 and order of sentence dated 28.7.2001 passed by the Court of then Additional Sessions Judge, Rewari, vide which present appellants-accused were convicted for offences under Sections 302, 498-A read with Section 34 of the Indian Penal Code (hereinafter to be referred as ‘IPC’) and sentenced to undergo imprisonment for life for offence under Section 302/34 IPC. Accused Jamna Devi and Santosh were also sentenced to pay fine of Rs.20,000/- each, failing which to further undergo rigorous imprisonment for a period of two years each, whereas Ved Parkash was sentenced to pay fine of Rs.5,000/- and, in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. All the accused were also sentenced to undergo imprisonment for a period of one year and to pay fine of Rs.1000/- each, and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months each under Section 498-A IPC. However, all the sentences were ordered to run concurrently.

2. Smt.Mamta (deceased) was daughter-in-law of Jamna Devi accused and sister-in-law of Santosh-accused, whereas Ved Parkash accused is her brother-in-law. She sustained about 100% burns in the house of her in-laws on 3.10.1999 at about 3.00 p.m. and as per case of prosecution she was set on fire by all the three accused in furtherance of their common intention and that they also used to harass and used to treat her with cruelty.

3. After the occurrence, Smt. Mamta (deceased) was taken to Civil Hospital, Bawal by her husband Madan Lal and however, she was referred to General Hospital, Rewari at about 4.10.p.m. for further treatment as she was having 100% burns. Smt.Mamta was then taken to General Hospital, Rewari and, however, she was referred to Post Graduate Institute of Medical Science, (hereinafter to be referred as ‘PGIMS’) Rohtak, where she was got admitted by her husband.

4. Medico legal examination of Smt.Mamta was conducted in PGIMS, Rohtak, vide Ex.PE/1 in the presence of her husband Madan Lal and her mother Smt. Chanderkanta at 7.50 p.m. and she stated before the Medical Officer that she received burns by pouring of kerosene by her mother-in-law and sister-in-law at her residence at 3.00 p.m. on 3.10.1999.

5. After receipt of Ruqa Ex.PA, Jagat Raj, Assistant Sub Inspector of Police Station Bawal had visited the General Hospital Rewari, However, he was informed that the patient was referred to PGIMS Rohtak and hence, he reached PGIMS Rohtak and gave application Ex.PF to the Medical Officer and obtained his opinion Ex.PF/1 that the patient was fit to make statement and he recorded his statement Ex.PG at about 10.00 p.m., on which he made endorsement Ex.PG/1 and sent the same to the police Station for registration of FIR, on the basis of which formal FIR Ex.PG/2 was recorded at 1.30 a.m. on 4.10.1999 and the special report reached the Judicial Magistrate Ist Class, Rewari at about 10.00 a.m. on 4.10.1999. Smt.Mamta (deceased) wife of Madan Lal, aged about 24 years, Caste Chugh, resident of Mohalla Hasanpura, Bawal, got recorded her statement vide Ex.PG with Jagat Raj, ASI on 3.10.1999 at about 10.00 p.m. and the same reads as under:

“I am a resident of above address. I am a house wife. I was married with Madan Lal s/o Daulat Ram, Mohalla Hasanpura, Bawal, about six years ago. Till date, I could not bear a child. Just after the marriage, my mother-in-law, sisterin- law (Nanad) and brother-in-law (Jeth) used to harass me and started taunting me since just after one year of marriage that I am Banjh (barren) and that I am unable to bear a child and that I am Badmash (characterless) and as to why I be not die. Since I could not bear a child, so they used to harass me. Today, i.e., on 3.10.1999 at about 3.00 p.m., my mother-in-law Jamna Devi, sister-in-law- Santosh and brother -in-law -Ved Parkash had come to me together and m