The main legal point established in the judgment is the reliance on dying declaration as a sole basis for conviction under Section 302/34 of IPC, the interpretation of Section 498A of IPC, and the application of legal principles related to dying declarations and cause of death.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. This appeal has been preferred against the judgment and order dated 28.2.2019, passed by the learned Additional Sessions Judge, Court No.6, Farrukhabad, in Session Trail No.12 of 2018 (State of U.P. vs. Sultan and another) arising out of Case Crime No.53 of 2017, under Section 302/34 and 498A of Indian Penal Code ( hereinafter referred to as 'IPC'), Police Station-Shamsabad, District Farrukhabad, whereby the accused-appellants are convicted and sentenced for the offence under Section 302/34 IPC for life imprisonment with a fine of Rs.20,000/- each and in default of payment of fine, further rigorous imprisonment for one year; accused-appellants were further convicted under Section 498A of IPC and sentenced to undergo imprisonment for two years each with fine of Rs.5000/- each and in case of default of payment of fine, to undergo further rigorous imprisonment for one month each. All the sentences were to run concurrently as per direction of the Trial Court.

2. The brief facts of the case are that first information report of this case was lodged by complainant-Aslam (father) with the averments that the marriage of his daughter was solemnized with accused Munna @ Sultan son of Nabeedraj before about eight years. Earlier also before the said incident, the appellant after about four years of marriage life had tried to push her from the terrace and in that his daughter had sustained injuries. The accused Sultan contracted the marriage with one Yashmeen and because of that there were constant quarrel and Sultan and his second wife Yasmeen hatched a common intention to do away with his daughter and that is how, she was set ablaze. Sabeen received several burn injuries. The accused got Sabeen admitted in hospital and absconded. Sabeena had suffered about 70% burn injuries and she was in the hospital.

3. A first information report was registered on the basis of above written report. During course of investigation, I.O. recorded statement of witnesses, prepared site-plan. Dying-declaration of deceased was recorded by Magistrate. After the death of the deceased, inquest report was prepared and post mortem was conducted. Post mortem report is also placed on record. After making thorough investigation, charge sheet was submitted against the accused Sultan @ Munna, husband of the deceased and Smt. Yasmeen, second wife of Sultan @ Munna. Learned trial court framed charges against both the accused persons under Sections 498A, 302/34 of IPC. Accused-appellants denied the charges and claimed to be tried.

4. Prosecution examined following witnesses :

5. Apart from aforesaid witnesses, prosecution submitted following documentary evidence, which was proved by leading the evidence :

6. Deceased was hospitalised after the incident by the accused persons themselves. The deceased died after four months of the incident during the course of treatment at her father's home. The cause of death according to PW-5, who conducted the postmortum report was septicaemic. The oral testimony of Dr. namely PW-6 Kailash Chandra also shows that her dying declaration was recorded when she was in conciousness and he has proved the said document.

7. Heard Sri Sukhvir Singh, learned counsel fo