IMPORTANT POINT
Ingredients and acceptability of dying declaration.

Judgment :-

P. Sathasivam, J.

1) This appeal is directed against the judgment and order dated 11.04.2007 passed by the High Court of Bombay, Bench at Aurangabad in Criminal Appeal No. 252 of 2005 whereby the High Court dismissed the appeal filed by the appellants herein and confirmed the order dated 30.03.2005 passed by the Court of IInd Ad-hoc Additional Sessions Judge, Jalgaon in Sessions Case No. 165 of 2003.

2) Brief facts:

a) On 28.02.2000, Vandana Raghunath Tayade (since deceased) was married to one Raghunath Puna Tayade at Village Khirwad, Taluq Raver, Dist. Jalgaon, Maharashtra. After marriage, she was staying at her matrimonial home in a joint family consisting of her husband, Kesharbai (A-1) mother-in-law, father-in-law and two sisters-in-law, viz., Ashabai and Kavita (appellants herein). Since there was no issue from the marriage, she was ill-treated by her mother-in-law and sisters-in-law. On that count, they used to harass her and both the families were not in good terms.

b) On 05.03.2003, at about 1645 hrs., when Vandana was in her matrimonial home, Kesharbai (mother-in-law), in order to get rid of her, poured kerosene on her body and Ashabai and Kavita (appellants herein) – sisters-in-law instigated Kesharbai to lit the fire by using a matchstick. She started shouting and caught hold of her mother-in-law in the burnt condition. Vandana and Kesharbai, both were taken to the Railway Hospital, Bhusawal and her statement was recorded on the very same day. Between 05.03.2003 to 06.03.2003, the injured gave, in all, 4 dying declarations one by one to the authorities concerned. On 18.04.2003, she succumbed to her injuries and the post-mortem was conducted on the same day and a case being A.D. No. 15 of 2003 was registered.

c) After investigation, charge sheet was filed against six accused persons, i.e., Kesharbai (A-1), Ashabai Puna Tayade (A-2) and Kavita Ajay Medhe (A-3)-appellants herein, Puna Mitharam Tayade, Shobha Sitaram Tayade and Sitaram Ramaji Tayade and the case was committed to the Court of the IInd Ad-hoc Additional Sessions Judge, Jalgaon and numbered as Sessions Case No. 165 of 2003. The Additional Sessions Judge, by order dated 30.03.2005, convicted A-1, A-2 and A-3 under Section 498-A read with Section 34 of the Indian Penal Code, 1860 (in short ‘IPC’ ) and sentenced them to undergo RI for 1 year along with a fine of Rs. 1,000/- each, in default, to further undergo RI for 3 months. They were also convicted under Section 302 read with Section 34 of IPC and sentenced to suffer imprisonment for life along with a fine of Rs. 2,000/- each, in default, to further undergo RI for 6 months and acquitted the other accused persons.

d) Challenging the said judgment, the appellants herein filed Criminal Appeal No. 252 of 2005 before the High Court. By impugned order dated 11.04.2007, the High Court, dismissed the appeal filed by the appellants herein and confirmed their conviction and sentence passed against them by the trial Court.

3) Heard Mr. Sudhanshu S. Choudhari, learned counsel for the appellants-accused and Ms. Aprajita Singh, learned counsel for the State.

Discussion:

4) The present appeal is by Ashabai (A-2) and Kavita Ajay Medhe (A-3), both sisters-in-law of the deceased. Kesharbai (A-1) - mother-in-law of the deceased, who was also convicted and sentenced to RI for life filed a separate appeal being Criminal Appeal No. 1063 of 2008 before this Court. Since she died on 10.02.2012, by order dated 13.12.2012, this Court dismissed her appeal as abated. Therefore, we are concerned about the present appellants, namely, Ashabai (A-2) and Kavita Ajay Medhe (A-3) respectively.

5) The marriage of the deceased Vandana with one Raghunath was solemnized on 28.02.2000 and her death occurred on 18.04.2003, i.e., her married life came to an end within 3 years of her marriage. The entire prosecution case lies on 4 dying declarations made by the deceased and the oral evidence of PWs 1, 2, 3 and 11.

Dying Declaration No. 1 (Exh.76):

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