[Criminal Appeal No. 766 of 2008]. This appeal is directed against the judgment of conviction and order of sentence dated 17th July, 2007 passed by the High Court of Punjab and Haryana at Chandigarh whereby the High Court reversed the judgment of acquittal passed by the Trial Court against the accused Krishan. However, it maintained the acquittal of another accused Shardi, mother of the accused Krishan. In brief, the facts are that Ex. PH/1, FIR No. 134 was registered against accused Shardi and Krishan under Sections 307, 498A, 109 read with Section 34 of the Indian Penal Code, 1860 (for short "IPC") on 30th March,1998. This FIR was registered in furtherance of the rukka, Ex.PH, received by the Police Station Sadar Narwana, from Civil Hospital, Jind. After receiving the rukka ASI Umed Singh, PW9 along with police officers reached the Civil Hospital, Narwana. That police officer obtained the evidence certificate in respect of Smt. Rani, wife of Krishan. She wasadmitted to the hospital with burn injuries. The doctor declared Rani fitto make the statement and also provided her medico-legal report to the Investigating Officer. Since Rani's condition was serious, the Investigating Officer summoned Sh. Baljit Singh, then SDJM Narwana for the purpose of recording the statement of Rani. On the request of the police, the said SDJM came to the hospital and proceeded to record the statement of Rani. The statement of the deceased was recorded on 30th March, 1998 at about 11.40 a.m. As per the dying declaration, Ext. PR/2 she was married to Krishan approximately 18-19 years ago. Krishan was addicted to liquor and used to harass her.
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