A dying declaration is admissible under Section 32(1) of the Evidence Act if it is made by a person who is dead, relates to the cause of death or circumstances leading to death, and is made without coercion or pressure.

N.K. Kapoor, J. - The challenge here is to the judgment of the learned Additional Sessions Judge, Jalandhar, dated 4th July, 1989, whereby appellants Jamna Kaur and Kartar Kaur were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each or in default thereof to undergo further rigorous imprisonment for six months.

2. The case of the prosecution, in brief, is as under :-

"Accused Chanda Singh (since acquitted), his wife Jamna Kaur, their daughter Kartar Kaur and Babli (since acquitted) their near relative, entered into conspiracy on 27th March, 1988, at about 5 p.m. at the house of Kartar Kaur in Basti Mithu, Jalandhar, to commit the murder of Kuldip Kaur, daughter in law of Kartar Kaur and that in pursuance of that conspiracy murder of Kuldip Kaur was committed by Jamna Kaur and Kartar Kaur by putting her on fire after sprinkling kerosene oil on her in a room of the house which was closed from outside. Kuldip Kaur succumbed to the injuries in Civil Hospital, Jalandhar, on 12th May, 1988."

3. The First Information Report Exhibit PE/4 was registered on the basis of the dying declaration Exhibit PF of Kuldip Kaur which was recorded by Mr. H.B. Lall, Executive Magistrate, in the Emergency ward of the Civil Hospital, Jalandhar, where Kuldip Kaur was admitted on 27th March, 1988, at 6.05. Statement of Kuldip Kaur Exhibit PF was recorded in Punjabi in Gurmukhi script. Its English translation is as under :-

"My parents are of Samana, district Bhatinda. About nine months back was married to Kuldip Singh son of Krishan Singh, resident of Basti Mithu. My maternal aunt Surjit Kaur is of Jalandhar and she mediated for my marriage. After marriage, my mother in law Kartar Kaur and her mother Jamna Kaur (my maternal grand mother-in-law) used to call me Tundi(defective hand) and Kaani (one eyed) and had been harassing me. My hand and thumb are defective. (Kuldip Kaur showed her thumb). My eye is also defective. A day before yesterday my parents had come for compromise. My husband is willing to keep me. My mother-in-law and maternal grand mother in law harassed me. My maternal grand mother-in-law came from Bhatinda day before yesterday. Today I returned at noon time after cleaning utensils in the Kothis. In the house, my mother-in-law and younger sister of my mother in law(Babli) were sitting in the house and were making consultations. When I came out with a basket full of utensils, my mother in law quarrelled with me and slapped me. I went back inside crying and slept. I was sleeping when my mother-in-law caught my arms and my maternal grand mother-in-law put safa(loose cloth) around my neck and she sprinkled kerosene oil and she ignited the fire. My mother in law kept holding me by arms. My maternal grand mother in law put me on fire by igniting the match stick. My arms had also been tied. After putting me on fire both of them locked the room from outside. I shrieked. Then residents of the mohalla broke open the lock and took me out. It happened at about 5 p.m. My mother and father at that time were with my mothers sister. Residents of Mohalla called them from there and my parents and Mohallawalas (neighbourers) brought me on the tempo. I was admitted in the hospital. My body had burns for being put of fire."

4. Dr. Nagin Dhaliwal (PW 1) had conducted autopsy on the deadbody of Kuldip Kaur on 13th May, 1988, at 9.30 a.m. and found extensive burns involving the face, scalp, neck, front and back of chest and abdomen. Pelvis and thighs were burnt. Left and right lower legs were not burnt. Back of both thighs were also not burnt. Peeling of skin was present all over the burnt area. Total burns were 50 to 60 per cent. In the opinion of the doctor, the death of Kuldip Kaur was due to 50 to 60 per cent burns involving vital area of the body, thus resulting in hypovolaemia and neurogenic shock which was sufficient to cause death in the ordina