(1.) Jasbir Singh, his brother Jaspal Singh, their two sisters Surjit Kaur and Rajender Kaur, their mother Sumitra Devi and Jasbir Kaur, wife of Jaspal Singh have been tried for <PG>622</PG> an offence under Section 302 read with Section 34 Indian Penal Code The charge against them is that on 19th July 1984 at about 8.45 pm at House No.E-345, Raghubir Nagar Delhi in furtherance of common intention, all of them committed the murder by intentionally causing the death of Harbans Kaur wife of Jasbir Singh by pouring kerosene oil over her and then setting her on fire.
(2.) The learned Additional Sessions Judge found all the accused guilty of the offence charged and has sentenced Jasbir Singh to death. The other accused have been awarded life imprisonment. All the accused have come up in appeal. There is also a reference, for confirmation of the death sentence. This judgment shall dispose of both the appeals and the reference.
(3.) The case of the prosecution in short is that Harbans Kaur was married to Jasbir Singh about three years before the date of the incident. On 19th July 1984 at about 8.45P.M. she was burnt by pouring kerosene oil and was got admitted by her husband Jasbir Singh in burnt condition in Ram Manohar Lohia Hospital at about 10 P.M. In her dying declaration (Ex.PW 14/C)madeat 11.05 PM on 19th July 1984 Harbans Kaur states that:-