Kanwaljit Singh Ahluwalia, J.:- Manjit Singh-husband, Kulwant Singh-uncle (chacha), Ravinder Kaur-aunt (chachi) along with Gurdip Singh-a neighbour (friend) of husband, were nominated as accused in case FIR No. 32 dated 28.07.1994 registered at Police Station Khamanon. They were tried by the Court of Additional Sessions Judge, Fatehgarh Sahib, who vide his impugned judgment dated 31st October, 2002, acquitted Gurdip Singh accused, but held the other three guilty of an offence punishable under Section 304-B read with Section 34 IPC. Vide a separate order of even date, Manjit Singh was sentenced to undergo rigorous imprisonment for a period of ten years, whereas, Kulwant Singh and Ravinder Kaur, who were uncle and aunt of Manjit Singh, were sentenced to undergo rigorous imprisonment for a period of seven years. All the three accused were further ordered to pay Rs.3000/- each as fine and in default of payment of fine sentence of three months rigorous imprisonment was imposed.

2. Aggrieved against the same, the three convicts have filed the present appeal.

3. On 28th July, 1994, HC Piara Singh PW-3, having learnt that Balwinder Kaur wife of Manjit Singh, resident of village Begowal, Tehsil Doraha, District Ludhiana, was admitted in the PGIMER Chandigarh as a case of poisoning, moved an application Ex.PA to the Executive Magistrate, Chandigarh, requesting that the statement of Balwinder Kaur be recorded. Ashwani Kumar, Executive Magistrate, U.T. Chandigarh, on receipt of the application, reached PGIMER Chandigarh and on the same day, i.e. 28th July, 1994 at about 12.30 p.m. sought opinion of the Doctor vide Ex.PA/1 regarding fitness of Balwinder Kaur. Dr.Vara Prasad, on the same day at about 12.40 p.m. declared the patient fit to make statement. The Executive Magistrate, having satisfied himself that Balwinder Kaur was conscious to make statement, recorded her statement Ex.PA/3, which not only constituted a dying declaration but on the basis of the same FIR Ex.PW-7/B was registered. Since much of the arguments have been advanced towards the dying declaration, its admissibility and competence of the deceased to make statement, it will be apposite here to reproduce the translation of the FIR as noticed by the trial Judge in para 2 of the impugned judgment, which reads as under:

“This is my 6th year of marriage and I do not have any issue. I reside with my husband and with ‘Chacha’ (uncle) and ‘Chachi’ (aunt). My uncle Kulwant and aunt Ravinder Kaur asked me to bring Rs.10,000/- from my parents and in pursuance thereof I brought Rs.5000/- from my parents and handed over the same to them, but my uncle kept on hurling abuses to me and my husband. My aunt gave me beatings. I returned to my parental house. However, my mother again left me at my matrimonial home. I was given severe beatings by my husband and my aunt about 5 months back. I had been given beatings several times even prior to that and had been given beatings for about 4-5 years. I received serious injuries just above my eye and the said injury had to be stitched. At that time I was also threatened and told that I should tell everybody that the said injury had been received by the handle of the hand pump. Similarly, I had come back to my parental home about a month earlier. My husband along with Gurdeep Singh who is son of our neighbour had come to forcibly take me away, but due to sudden presence of Palo from the neighbourhood my husband and Gurdeep went away. My husband used to level lowly allegations against me. As such on being fed up I have consumed a tablet which is used in preserving wheat. I have consumed the said tablet at my parental home because my husband used to come to me and harass me. I have heard my statement which is correct.”

4. It has come in the evidence that on 28th July, 1994, ASI Nasib Singh PW-7 was posted as Assistant Sub Inspector at Police Station Kheri Naud Singh. He received statement Ex.PA/3 of Balwinder Kaur, bearing endorsement Ex.PW-7/