GYANO DEVI Vs. STATE OF DELHI

JUDGEMENT

(1.) This order shall decide the above said two appeals which arise from the same judgment.

(2.) The trial court handed down a verdict of guilty and sentenced appellant Gyano Devi to imprisonment for life for the offence under Section 302 IPC and to imprisonment for two years with fine of Rs. 5,000/- for the offence under Section 498-A of I.P.C. in default simple imprisonment for a period of two months. Appellant Surender, son of Gyano Devi was sentenced to undergo imprisonment for seven years for the offence under Section 304-B of I.P.C. and imprisonment for two years with fine of Rs. 5,000/- for the offence under Section 498-A I.P.C., in default simple imprisonment for a period of two months. Both the sentences were to run concurrently. In this appeal, the appellants have called into question the judgment passed by the trial court. The case swirls around two sets of dying declarations, one exonerating the appellants and second implicating them.

(3.) The genesis and sequence of the above said case is this. Sunita DW2 and her younger sister Kavita, the deceased were married to two real brothers namely Ravinder and appellant Surender, respectively. Both were living along with their parents-in-law and other members of their family in premises situated in Village Dariya Pur, Khurd, P.S. Jaffarpur Kalan, New Delhi. On 22nd February, 2001 at about 1.40 P.M., deceased Kavita was brought to Rao Tula Ram Memorial Hospital, Jaffarpur with the alleged history of "burn injuries while preparing the tea, the tube burst open and patient got burnt" with 100% deep burns all over her body. She was brought to the hospital by Roop Singh, her father-in-law. Surender, Duty Constable sent the information to the Police Station Jaffarpur. Consequently. DD Ex. PW19/A was recorded. The investigation of this case was entrusted to Sub-Inspector Bhoop Singh. He went to Rao Tula Ram Hospital and after getting certificate that the deceased was fit for making a statement from Dr. Rakesh Gilyani, CMO, recorded the statement of Kavita. Kavita stated that at about 12.00 noon when she was preparing the food for the members of her family, her clothes caught fire on account of sudden rising of flames from the gas stove on which she rushed to her room and on hearing alarm raised by her, the members of" her family and neighbours came there and extinguished the fire. The said statement bears right thumb impression of the deceased,