JUDGMENT:

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Andhra Pradesh High Court. By the impugned judgment conviction of the appellant for offences punishable under Sections 354 and 448 of the Indian Penal Code, 1860 (in short the IPC) was upheld, but the conviction for offence punishable under Section 306 IPC was set aside. However the sentence of three years imprisonment for offence punishable under Section 354 IPC which was imposed by the trial court was reduced to two years. The sentence of six months imprisonment and fine for offences relatable to Section 448 IPC were maintained by the High Court.

3. Prosecution version in a nutshell is as follows:

Shaik Khasim Bee (hereinafter referred to as the deceased) is daughter of Shaik Nagoor (PW5) and Shaik Nazer Bee (PW 1). Accused, Shaik Nagoor was at the relevant point of time the tenant in their house at Singhnagar, Vijayawada. Accused as a tenant in a small hut in the same compound of the house of PW 1. It appears that accused was soliciting the deceased for sexual intercourse. On 12.11.1999 around 1.00 pm. PW 1 and the deceased went for Namaz and thereafter deceased returned home while PW-1 was coming behind after talking to one Kursheed begum for some time. When the deceased came home and went into middle portion of the house, which was vacant for collecting dried clothes, accused allegedly came behind, caught hold of her, and when she threatened him saying that she would complain to her mother about the acts of the accused, he in turn replied that he himself, would complain to her mother saying that she herself called him and thereby, would defame her and her family. Feeling disturbed and suffering from emotional turmoil, deceased went into room, poured kerosene and set fire to herself. On receipt of intimation from the Hospital, police of Nunna Rural Police Station, Vijayawada City, registered a case against the accused in Crime No. 258 of 1999 for the offences punishable under Sections 448, 354 and 306 IPC and after investigation filed charge sheet and the same was taken on file in S.C. No. 181 of 2001. Accused pleaded innocence and false implication.

4. In order to further its version prosecution examined 12 witnesses and marked several documents. The trial court placed reliance on the dying declaration (Exh. P4 P9) recorded by the learned 7th Additional Senior Civil Judge, City Civil Court, Hyderabad and the Head Constable respectively on 12.11.1999. The High Court found that offence under Section 306 IPC as noted above was not made out. However, concurred with the learned trial judge that the offences punishable under Sections 354 and 448 IPC were clearly made out. Accordingly the impugned judgment was passed.

5. In support of the appeal, learned counsel for the appellant submitted that the dying declarations should not have been relied upon by the trial court and the High Court. It was his case that considering the extent of burns sustained by the deceased it was impossible on her part to give any dying declaration.

6. Learned counsel for the respondent on the other hand supported the impugned judgment of the High Court.

7. We see no reason to doubt the veracity of the dying declarations especially since there is consistency between them. We see no reason why the judicial officer should make a false statement about the dying declaration.

8. As observed by this Court in Narain Singh v. State of Haryana AIR vide para 7: (SCC p. 267, para 7)

"A dying declaration made by a person on the verge of his death has a special sanctity as at that solemn moment a person is most unlikely to make any untrue statement. The shadow of impending death is by itself guarantee of the truth of the statement of the deceased regarding the circumstances leading to his death. But at the same time the dying declaration like any other evidence has to be tested on the touchstone of credibility to be acceptable. It is more