Judgment :-

The facts leading to this appeal are as under:

1. The appellant accused, a lawyer by profession, was residing in Kalol, District Mahesana whereas Kamlaben Ratilal Parmar, wife of Ratilal Hembhai Paramar PW-7, deceased was residing along with her family at Mahesana and was serving as a Mid-wife at the Primary Health Centre in village Vamaj, Taluka Kadi, District Mahesana. Kamlaben had also been allotted a residential quarter in village Vamaj. The appellant was known to the family of the deceased as she had appointed him as an advocate to represent her in a departmental enquiry. On the 14th September 1993 the deceased, as per her routine, left for village Vamaj to attend to her duties. At about 11 a.m. she went to her residential quarter. The appellant also reached that place and taking advantage of the fact that she was alone, asked her to have intercourse with him saying that he would not disclose the facts to anyone, but in case she refused his advances, he would disclose her illicit relationships with several other persons to her husband. The deceased, however, did not succumb to the pressure, which annoyed the appellant and he pushed her onto a cot and tried to rape her. The deceased resisted the attempt but the appellant picked up some kerosene oil and threw it on her and set her on fire. The cries of agony of the deceased attracted several persons residing in the locality and fearing that his guilt would be exposed, the appellant himself doused the flames and removed the deceased (who was by then unconscious) in a jeep to the Kalol Civil Hospital where she was admitted at about 12.45 p.m. PW1 the Medical Officer, who was on duty at the relevant time, informed the Kalol City Police Station and the Officer In-charge in turn informed the Kadi Police Station. On receiving the information PSI Trivedi PW14 of Kadi Police Station went to the place of incident and made the necessary enquiries and prepared the Panchnama and also picked up several incriminating articles. In the meanwhile, as the condition of the victim had deteriorated, she was shifted to the Ahmedabad Civil Hospital and the Officer In-Charge of Kadi Police Station was also told about the transfer. Necessary arrangements were made for recording the dying declaration of the victim which came to be recorded on the same day i.e. on 14th September 1993 by the Executive Magistrate. A second statement was recorded by the police two days thereafter and in both these two dying declarations she stated that she had been burnt accidentally and nobody was responsible for her injuries. Kamlaben succumbed to her injuries on the 18th September 1993 and on 26th September 1993 the husband of the deceased, Ratilal Hemabhai Parmar PW7, gave a complaint in the police station alleging inter-alia that shortly before her death she had informed him that the appellant was responsible for her injuries and he had thrown kerosene on her and set on fire, on her refusal to accept his sexual advances. It is in this background that the appellant was arrested, and after investigation a charge-sheet was filed against him and he was ultimately brought to trial for offences punishable under Section-302 etc. of the IPC.

2. The Additional Sessions Judge, in the course of an elaborate judgment, held that there were three dying declarations made by the deceased; the first Ex.44 dated 14th September 1993 recorded at 4 p.m. by the Executive Magistrate, a second Ex.48 by the police on the 16th of September 1993 and in both these statements she had completely exonerated the appellant whereas in the third dying declaration Ex.59 dated 17th September 1993 allegedly written by PW-7 her husband on her dictation she had made a complete departure from the earlier dying declarations and inculpated the appellant and as such there appeared to be great uncertainty in the veracity of the dying declarations. It also observed that the deceased had died on 18th September 1993 and it was on the basis of the dying