The main legal point established in the judgment is that the dying declaration can be the sole basis for conviction if found to be true and reliable, and that sentencing should consider the reformative approach and principles of proportionality.

JUDGMENT :

Ajai Tyagi, J.

1. The appeal has been preferred by the appellant-Pawan against the judgment and order dated 15.07.2014, passed by Additional District Judge, Court No.12, Bareilly in Session Trial No. 756 of 2012, arising out of Case Crime No. 537 of 2012, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Baradari, District Bareilly whereby the appellant-Pawan is convicted and sentenced for the offence under Sections 304-B I.P.C. for life imprisonment.

2. The second appeal has been preferred by the appellants namely, Smt. Meera Devi, Kapil and Km. Mona Mala against the judgment and order dated 15.07.2014 passed by Additional District Judge, Court No.12, Bareilly in Session Trial No.932 of 2013, arising out of Case Crime No.537 of 2012, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Baradari, District Bareilly, whereby the accused-appellants, Smt. Meera Devi, Kapil and Km. Mona Mala are convicted and sentenced for the offence of under Section 498-A I.P.C. for two years imprisonment and fine of Rs.1,000/- each.

3. Brief facts of the case giving rise to this appeal are that a written report was sent by informant-Rajkumari (mother of the deceased) to D.I.G., Bareilly stating the fact that her daughter aged about 22 years was married to accused-appellant, Pawan before six months of the occurrence and her daughter was subjected to cruelty for demand of additional dowry just after the marriage. At last, on 06.04.2012, deceased was set ablezed by pouring the kerosene oil on her in her matrimonial home. The husband, mother-in-law, brother-in-law (Devar) and sister-in-law (Nanad) of the deceased were involved in the aforesaid crime. It is also stated in the written report that her complaint in this regard is not being entertained by the concerned police station.

4. On the basis of aforesaid written report, a case was registered at police station Baradari, District Bareilly as Case Crime No.537 of 2012, under Section 307, 498-A, 323 I.P.C. and Section 3/4 of D.P. Act. During the treatment, victim died after nine days of the occurrence. The investigation was taken up by the Investigating Officer. After the death of the deceased, the case was converted into Section 304-B I.P.C. along with other offences.

5. During the course of investigation, Investigating Officer has recorded the statement of witnesses under Section 161 Cr.P.C. After completion of investigation, I.O. submitted the charge sheet against the accused-appellants Pawn, Smt. Meera Devi, Kapil and Km. Mona Mala under Sections 498-A, 304-B, 307, 323 I.P.C. and Section 3/4 of D.P. Act.

6. Learned trial court took the cognizance on charge sheet. The matter being exclusively triable by the court of sessions, which was committed to the court of sessions where learned Trial Judge framed the charges against the accused persons. Accused-appellant denied the charges and claimed to be tried.

7. To bring home the charges, the prosecution examined following witnesses:

8. In support of oral evidence, prosecution submitted following documentary evidence, which was proved by leading oral evidence:-

9. After completion of prosecution evidence, the statement of accused was recorded under Section 3