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The second dying declaration as per the arguments of the defence is contained in document Ex.PW­12/DA, which is an attested copy of the medical record of deceased Arti (running into 13 pages), which was summoned from LNJP hospital at the time of recording the deposition of PW­12 Dr.Siddharth Chaudhary. The medical record Ex.PW­12/DA contains description of incident on running page No.8 at point A which reads as follows:
"Alleged history of 95% TBSA flame burns at home at around 9:30 PM on 16.10.2010 as told by the patient herself. According to the patient, she was watching TV at home when her father­in­law's elder brother came home in a drunken state and manhandled her and enclosed her in a room at home. Then her sister­in­law and sister­in­law's husband came and then both of them put kerosene oil on her and set her on fire. She was screaming from the house being burnt when patient's husband (Javed) saw her and immediately tried to help her by putting milk (from the nearby shop) on her burning body to stop the fire. Then he brought her to this hospital (LNJP) ASAP. She also recalls of verbal abuse with her sister­in­ law 3­4 days back, before the incidence."

As per the defence, this is the second dying declaration of the deceased in which she has stated before PW­12 Dr.Siddharth Chaudhary that she was set on fire by her father­in­law's elder brother, sister­in­law and sister­in­law's husband.

The third dying declaration is the statement of deceased Arti as recorded by the SDM PW­6 i.e. Ex.PW­6/A. In this statement, deceased Arti has alleged that she was set on fire by the 'Tau' of her husband i.e. accused Aslam, his sons Asraf, Shammi and daughter Humma (since PO). In this statement, deceased Arti has ascribed specific roles of each of the accused stating that on the night of 16.10.2010 at about 9:45 PM Humma (since PO) had quarreled with her and Aslam asked that she should be set on fire. Arti further stated that Sammi poured kerosene oil upon her, while Asraf set her on fire with the match stick.

Learned defence counsels strongly argued that a bare perusal of the aforesaid three dying declarations would clearly show that they are not only at variance at each other, but the deceased had tried to improve upon her version with each subsequent dying declaration. Whereas in the first dying declaration, MLC Ex.PW­10/A, she has not named any of the accused as the assailants. In the second dying declaration Ex.PW­12/DA, deceased Arti has sought to implicate her father­in­law's elder brother, her sister­in­law and her sister­in­ law's husband, whereas in the third dying declaration Ex.PW­6/A, she has named all the four accused persons as the persons who had set her on fire.