The dying declaration was considered as potent incriminatory evidence, and the court emphasized its evidentiary worth and the corroboration provided by other evidence.

JUDGMENT

Sureshwar Thakur, J. - The instant appeal is directed against the impugned verdict, as made on 24.4.2009, by the learned Sessions Judge, Amritsar, upon Sessions Case No. 22 of 24.5.2007, wherethrough he proceeded to convict the accused qua a charge drawn against them, for an offence punishable under Section 302 read with Section 34 of the IPC, and, also proceeded to, through a separate sentencing order, drawn on 24.4.2009, impose the hereinafter extracted sentence(s) of imprisonment, and, also sentences of fine, upon each of the convicts-accused.

2. The convicts become aggrieved from the above recorded verdict of conviction, and, also, the consequent therewith sentence(s) of imprisonment, and, of fine, as imposed, upon each, and, hence prefer thereagainst the instant appeal before this Court.

3. The deceased Lakhwinder Kaur received burn injuries on 7.1.2007, and, was admitted for their treatment on the same day at Sandhu Hospital, Daduana, Mehta Road, Amritsar. On 8.1.2007, ASI Baldev Singh moved an application before PW-12, for recording the statement of injured Lakhwinder Kaur, and, on the above application, PW-12, on 9.1.2007 made an opinion, embodied in Ex. PQ/1, that she was unable to make a statement. However, subsequently ASI Baldev Singh re-moved an application about the fitness of Lakhwinder Kaur, to make a statement, and, thereons PW-12 again, through an opinion, as carried in Ex. PR/1 rather declared, that she was unfit to make a statement. However, on 10.1.2007, ASI Baldev Singh again moved an application for seeking a declaration from PW-12 about the fitness of one Lakhwinder Kaur to make a statement, and, thereons PW-12 made an opinion, as, comprised in Ex. PS/1, that she is fit to make a statement. Consequently, ASI Baldev Singh for ensuring that the statement of the injured Lakhwinder Kaur is recorded, submitted an application before the CJM, Amritsar, with a request that the statement of the injured be recorded by a Magistrate, upon which the learned CJM, Amritsar directed, Sh. T.S.Bindra, JMIC (D), to proceed to the hospital to record the statement of injured Lakhwinder Kaur. Consequently, Sh. T.S.Bindra, JMIC (D), proceeded to Sandhu Hospital, and, recorded the statement of injured Lakhwinder Kaur, and, also on the request of the ASI, supplied to him a copy of the appositely recorded statement. The statement of Lakhwinder Kaur, as became recorded on 10.1.2007, by Sh. T.S.Bindra, JMIC (D), is extracted hereinafter.

"I am resident of village Chananke. The name of my husband is Jhirmal Singh. I have studied upto 5th class. I have a dole whose name is Jaspreet. My daughter is one year old. I can understand and speak Punjabi. I have been set on fire four days ago again said it happened five days earlier. I have been set on fire by my mother-in-law and father-in-law. My husband had pored kerosene oil upon me and Devar had set me on fire with match box. The name of Devar is Paramjit. The name of my father-in-law is Sheera and name of my mother-in-law is Kashmiro. I was married about three years ago. When I was set on fire I was in my house. It would be at about 81/2 A.M. I do not want to say anything more. I am making my statement of my own accord. I am not under any pressure or duress (Last question is court question)."

4. In sequel to the making of the above statement by injured Lakhwinder Kaur, the investigating officer concerned, proceeded to register an FIR, embodying therein offences constituted under Sections 307, 34 of the IPC. However, Lakhwinde