The central legal point established in the judgment is the interpretation and application of the provisions of Section 304-B and 498-A of the Indian Penal Code in the context of demand of dowry, cruelty, and the reliability of dying declaration.

M. Jeyapaul, J.(Oral)

1. All the three accused, who were convicted for the offence under Section 304-B and 498-A of the Indian Penal Code and were sentenced to undergo seven years rigrous imprisonment for the only offence under Section 304-B of the Indian Penal Code, have preferred the present appeal.

2. The brief case of the prosecution is as follows:

a) Subhash Chander was the father of the deceased Manisha. Deceased Manisha was married to the first accused Harish Kumar on 14.1.1992. The second accused Krishan Kumar was the brother-in-law and third accused was the mother-in-law of the deceased Manisha. Dowry was given according to the financial status of Subhash Chander. However, the accused were not happy with the dowry given at the time of marriage. There was a demand of gold jewellery after two months of marriage. For the satisfaction of the accused, two pairs of ear rings and a ring were given by PW8 to them. The accused having been not satisfied with the dowry given continued their demand for more dowry. A male child was born to Manisha in the month of November 1992. Gifts were given during the occasion of birth of the child to Manisha but the accused were not satisfied with the gifts given.

b) Hari Chand, PW10, the father of Subhash Chander, PW8, who resided at Hansi also gave a sum of Rs.5,000/-to the accused to fulfil partly the demands of gold chain and ear ring for mother-in-law of the deceased Manisha.

c) During the month of December 1992, the first accused visited Subhash Chander, PW8 and raised the demand for getting a house purchased for him. All the accused started torturing the deceased Manisha.

d) On 12.9.1993, the first accused came to the house of PW8 alongwith the deceased Manisha to attend betrothal ceremony of a relative of PW8. The next day morning on 13.9.1993, the first accused raised a demand of scooter. PW8 Subhash Chander gave a sum of Rs.11,000/-in cash and expressed his difficulty to pay remaining cost of the scooter. As the demand could not be met by PW8, the accused got annoyed.

e) On 13.9.1993 at about 11.00 p.m. when Dr.M.L.KKalra, PW1, was on emergency duty, Manisha was brought with burn injuries by her husband for treatment. She was found restless crying with pain. She reported that she sustained injuries due to the accidental burns. PW1 having medico legally examined the deceased Manisha noted that superficial burn injuries were present on the anterior part of neck, most parts of trunk, right side of back, both buttocks, both thighs including knees, right foot, most of left upper limb and medial part of right upper limb. The total area of burn was 50 to 60%. Having found that the burn injuries sustained by Manisha were dangerous to life he sent an intimation Ex.PB to the police station.

f) PW13 having received the intimation Ex.PB proceeded to the General Hospital, Hansi and moved an application Ex.PC seeking the opinion of the doctor as to whether Manisha was in a fit state of mind to make a statement. PW1 gave an opinion at 00.05 a.m on 14.9.1993 that the injured Manisha was unfit for making any statement. On the very same day, at about 7.30 a.m., PW13 again proceeded to the Hospital and moved another application before the very same doctor. He declared Manisha fit to make a statement. The opinion of the doctor was marked as Ex.PC/2. He moved an application Ex.PL before the Judicial Magistrate at Hansi who assigned the work to the Tehsildar vide order Ex.PL/1. The Assistant Tehsildar came down to the Govt. Hospital, Hansi and recorded the statement of Manisha in the presence of DW1 Dr.Surender Singh who certified that Manisha was fit to give statement at 10.15 a.m. DW2 recorded the statement of Manisha and completed the same by 10.45 a.m. Manisha has given statement before DW2 that she sustained burn injuries accidentally. The statement given by Manisha was marked as Ex.DG.

g) Manisha informed PW6, Smt. Raj that it was only the first accused who set fire to her. She also infor