Dying declarations must be voluntary and inspire confidence; the first declaration identifying the husband as responsible was deemed more authentic than the second, implicating family members, which was discarded. Reliance on preceding legal standards regarding dying declarations was affirmed.

JUDGMENT :

Mr. Karamjit Singh, J.

The instant appeal is directed against the judgment and order dated 12.01.2012 passed by the learned Sessions Judge, Sirsa, in case bearing FIR No.21 dated 23.02.2009 registered under Sections 306 , 498-A, 511 IPC Police Station Nathusari Chopta District Sirsa, vide which the appellants were convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each, and in default of payment of fine, to further undergo simple imprisonment for three months, under Section 302 read with Section 34 IPC.

2. Briefly stated the case of the prosecution is that on 23.02.2009, PW-10 SI Sita Ram, who was present in Police Station Nathusari Chopta, received a telephonic message from MHC, Police Station City Sirsa regarding admission of Anuradha wife; Karamjit (son) and Simran (daughter) of Rattan Lal, resident of village Nejia Khera, in a burnt condition in General Hospital Sirsa. On this, PW-10 telephonically informed PW-18 Inspector/SHO Daljit Singh, who directed PW-10 SI Sita Ram to approach the Magistrate concerned for recording a dying declaration of injured. PW- 10 went to the Government Hospital Sirsa and moved an application Ex.PR to seek opinion about the medical condition of Anuradha and the concerned duty Doctor declared her fit to make statement. Then, PW-10 SI Sita Ram approached the duty Magistrate Sirsa with a request to record the statement of Anuradha, on which the Magistrate concerned directed him to firstly initiate proceedings as per Rules. Accordingly, PW-10 informed PW-18 Inspector Daljit Singh. Then PW18 reached General Hospital, Sirsa and recorded the statement of injured Anuradha wherein she stated that she got married with Rattan Lal of village Nejia Khera and they were having two children and on that day at about 9/9.30 a.m. she set herself and both her children Karamjit and Simran, on fire by pouring kerosene oil because she was annoyed with her husband as he did not use to come to the house and she also set on fire both the children as their future was uncertain after her death. She further stated that she studied upto 8 class. Injured Anuradha after understanding the contents of aforesaid statement and accepting the same to be correct appended her right thumb impression thereunder, as she was unable to put her signatures. PW18 obtained medical papers from the Medical Officer concerned, who opined that Anuradha had suffered 90% burns, whereas Karamjit and Simran suffered 75% to 80% and 90% to 95% burns, respectively. On finding commission of offence punishable under Sections 306 , 498-A, 511 IPC, PW18 made his endorsement below the aforementioned statement of Anuradha and then sent the same to Police Station through Constable Ashok Kumar and resultantly the FIR was registered in the present case. The investigation of the case was initiated. Thereafter, on the same day, separate request was made to the Duty Magistrate concerned to record the statement of Anuradha under Section 164 Cr.P.C. The Duty Magistrate concerned reached Civil Hospital Sirsa and after obtaining opinion regarding fitness of the injured to make statement, recorded her statement wherein she stated that her husband Rattan Lal, her mother-in-law, sister-in-law (Jethani) and brother- in-law (Jeth) had set her ablaze after pouring kerosene oil and they had been harassing her for the last so many days and also used to beat her and they also set on fire both her children along with her. She further stated that one another woman was the cause of quarrel. She requested that her chil