The main legal point established in the judgment is the reliance on dying declaration and other evidence to establish guilt under Section 304-B of the IPC in cases of dowry demand cruelty.

JUDGMENT

Satyendra Kumar Singh, J. - Appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973(2 of 1974) [in short Cr.P.C.] being aggrieved by the judgment dated 30.03.2017 passed by the Court of Special Judge (SC/ST Act) & Additional Sessions Judge, Ratlam in S.T. No. 33/2012, whereby the appellant has been convicted for the offence punishable under Section 304-B of Indian Panel Code, 1860 (in short 'IPC') and sentenced him to life imprisonment with fine of Rs.1500/- with default stipulation.

2. The prosecution case in brief is as follows:

(i) Appellant Rajesh @ Nanna and deceased Reena were husband and wife and their marriage was solemnized about 5 years prior to the incident. After about one and a half years of their marriage, appellant alongwith co-accused persons i.e. appellant's father Amratlal, mother Kalabai and sister Pinky started dowry demand cruelty with her. They were demanding an amount of Rs.2 lakhs for starting the business of the appellant and when their demands were not fulfilled, they harassed her mentally and physically about which she had made complaint against them, on the basis of which FIR dated 26.08.2011 (Ex.P-16) for the offences punishable under Section 294, 323, 498-A and 506 of IPC was registered against them at Police Station- Mahila Thana, Ratlam.

(ii) In the aforesaid matter, after filing of the chargesheet, during trial of the case appellant entered into a compromise with the deceased and about 10 days prior to the incident of the present case, he took the deceased to his house, and thereafter, again started harassing her mentally and physically. On the date of incident i.e. 12.10.2011 at about 09:10 hours, appellant started shifting his luggage to his another house and when deceased told him to take her also with him, he refused and told her that he will bring another woman. Thereafter, a quarrel took place between them on which appellant poured kerosene oil on her body and set her on fire. Appellant's mother co-accused Kalabai threw water on her and took her to District Hospital, Ratlam, where at about 11.00 hours, Dr. Gopal Yadav finding burn injuries on all over her body and also finding her general condition poor, prepared Pre MLC Report (Ex.P-14), admitted her in the hospital for treatment and vide letter (Ex.P-15) informed P.S. Industrial Area, Distt. Ratlam.

(iii) SI Rajendra Prasad Shrivas after receiving the information about the incident, reached the burn ward of the District Hospital, Ratlam and at about 12:30 hours, on the basis of deceased's oral complaint, recorded dehatinalsi report (Ex.P/23) and informed to the Executive Magistrate for recording her dying declaration. Executive Magistrate/ Additional Tehsildar Vijay Saxena reached the hospital and after getting the fitness certificate from the concerned duty doctor, at about 13:00 hours, recorded her dying declaration (Ex.P-1) and vide letter (Ex.P-2) sent the same to the Chief Judicial Magistrate, Ratlam. On the same day at about 18.05 hours, H.C. Madanlal, on the basis of dehatinalsi report (ExP-23), registered the FIR (Ex.P-22) against the appellant and co-accused persons his father Amratlal, mother Kalabai and sister Pinky for the offences punishable under section 307 r/w 34 and 498-A of IPC at P. S. Industrial Area, Ratlam.

(iv) During investigation SI Rajendra Prasad went to the place of occurrence, prepared spot map (Ex.P-11), seized a blue colored plastic can containing about 100 gm of kerosene, a match box, a burnt match stick and hairs found on the spot as per seizure memo (Ex.P-4) and deceased's burnt clothes found near the spot as per seizure memo (ExP- 5). He also collected and seized deceased's hair as per seizure memo (ExP-6). On 22.10.2011 at about 02.45 hours, deceased died in the hospital during treatment. Dr. Shailendra Mathur vide letter (Ex.P-8) informed the police about the death of the deceased, on the basis of which H.C. Madanlal at about 07.05 hours, registered the mer