The dying declaration can be the sole basis for conviction if it is true, reliable, and recorded in accordance with law. The cause of death due to septicaemia led to the classification of the offence under Section 304 (Part-I) IPC.

JUDGMENT :

1. These Criminal Appeals have been directed against the judgment and order dated 28.7.2016 passed by the Additional Sessions Judge/Fast Track Court No.1, Agra in Sessions Trial No. 525 of 2013 (Case Crime No. 19 of 2013), P.S. Kheda Rathaur, District Agra convicting and sentencing the appellants under Section 302 I.P.C. for life imprisonment and a fine of Rs. 25,000/- each with stipulation of default clause.

2. Brief facts, as culled out from the record, are that a First Information Report was lodged by the informant, Ram Kishun son of Shri Ram Ratan, resident of Nagla Behari, Police Station Etmaddaula, Agra, at Police Station Khera Rathaur, District Agra with the averments that marriage of her daughter, Smt. Rima Devi, was solemnized with Nathu Ram son of Pahalwan Singh, resident of Nadgawan Mod, District Khera Rathour, on 12.3.2007 according to hindu rites and rituals in which the informant had given sufficient dowry but the in-laws of her daughter, namely, Nathu Ram husband, Pahalwan Singh, father-in-law, Harpyari, mother-in-law, Ashok Kumar, Jeth, Geeta Devi, Jethani, Smt. Chhoti Devi, Nanad, were not happy with the same. They started torturing her daughter mentally as well as physically for demand of Rs.1,00,000/-cash and a motorcycle as additional dowry. Despite the Panchayat many times, they kept demanding additional dowry again and again. On 16.2.2013, with common intention, all the aforesaid members set her ablaze by pouring kerosene oil. Information about the occurrence was not given to the informant by the in-laws, rather same was given to him by the villagers next day. When the informant, alongwith many people of the village, reached the matrimonial house of her daughter, he was informed that her daughter was admitted in Yashwant Hospital in an injured condition. Thereafter, for better treatment, informant got her hospitalized in Akash Hospital, Ram Bagh, Agra, where her condition was critical. She was 80% burnt. Since informant was busy with her treatment, he could not give information about the occurrence to the police.

3. On 17.2.2013, dying declaration of the victim (Ext. ka-2) was recorded by the Additional City Magistrate -III, Agra. She also took her thumb impression over the same. Victim was conscious at the time of statement.

4. On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-12) was registered at Police Station concerned on 27.2.2013 at 15.20 p.m. against Nathu Ram (husband), Pahalwan Singh (father-in-law), Smt. Harpyari (mother-in-law), Ashok Kumar (Jeth), Geeta Devi (Jethani), Smt. Chhoti Devi (Nanad) at case crime no. 19 of 2013 under Sections 326, 498-A IPC and ¾ Dowry Prohibition Act.

5. Matter was being investigated by the Station House Officer of the concerned Police Station but during investigation victim died on 2.3.2013, hence, Section 304-B was added and investigation was entrusted to Circle Officer Ratnesh Chaturvedi. During course of investigation, the Investigating Officer recorded the statement of witnesses, prepared site plan, inquest report was prepared and post mortem was performed. After making thorough investigation, charge sheet was submitted against the accused appellants. The learned Magistrate summoned the accused and committed the case to Court of Sessions, as prima facie charges were for the sessions triable offences.

6. The charges framed were under Section 498-A, 304B of IPC and Section 4 of D.P. Act. In alternative, charge under Section 302 IPC read with Section 34 of IPC was also framed. The accused-persons pleaded not guilty and wanted to be tried. Trial started and in support of it case, prosecution examined 11 witnesses, who are as follows: