KAUSHLAYA Vs. STATE

JUDGEMENT

(1.) The dying declaration of Shakuntla recorded by the Investigating Officer is the basis of conviction of her husband Chetan Dass and of her sisters-in-law Kaushalya and Koyal for the offence under Section 302 read with 34 of the Indian Penal Code.

(2.) By this appeal, the conviction and the sentence of life imprisonment imposed on the three appellants by Shri J.D. Kapoor, Add1. Sessions Judge, Delhi is under challenge.

(3.) The prosecution case was that Shakuntla was burnt by the three appellants in furtherance of their common intention to murder her. Kaushalya and Koyal are sisters. Their respective husbands are elder brothers of Chetan Dass, husband of the deceased. All of them live together. Chetan Dass got married to Shakuntla about eight years prior to the date of occurrence, i.e., 13th April, 1981. They had three children. The husband and the wife used to quarrel as allegedly Chetan Dass was having an affair with one woman named 'Om'. On 12th April, 1981, Shakuntala was given severe beating by her husband because it is alleged, he wanted to keep 0m in their matrimonial home. In the morning of the next day Shakuntala was burnt. The facts preceding the burning and the parts played byeach of the accused, have been vividly brought out in the dying declaration which is also the basis of the First Information Report (Ex. Public Witness 4/C). That statement (Ex. Public Witness 4/B) of the burnt wife may be noticed in full :