IMPORTANT POINT
Reliable dying declaration does not need corroboration.

JUDGMENT :

R. BANUMATHI, J.

This appeal arises out of the judgment of High Court of Punjab and Haryana at Chandigarh dated 28.11.2011 passed in Crl. Appeal No. 716-DB/2002, in and by which the High Court confirmed the conviction of the appellant under Section 302 IPC and also the sentence of life imprisonment imposed on the appellant.

2. Briefly stated, the case of the prosecution is that, marriage of Smt. Anita (deceased) with Dharampal was solemnized in the year 1997. Appellant-Prempal is the younger brother of Dharampal. On 24.10.2001 at 3.00 p.m. Anita was all alone at her matrimonial house located at village Budana. Her husband Dharampal working as a teacher in village Milakpur had not returned home from the school; her mother-in-law had gone to her parents house. When Anita was all alone, the appellant-Prempal grappled with Anita and pushed her down and alleged to have set her on fire at about 3.00 p.m. along with Jai Singh, father of the appellant. Anita was brought to Shanti Hospital, Narnaund by her father-in-law Jai Singh with 95% burn injuries on her body on the same day at 4.00 p.m. On receipt of the information from the Medical Officer and after obtaining opinion of the Medical Officer that Anita was in a fit condition to make the statement, Assistant Sub Inspector of Police (PW 8) requested PW-4, Tehsildar to record the statement of Anita. Tehsildar-cum-Executive Magistrate (PW 4) reached the hospital and again sought opinion of the Medical Officer (Ext. P13) who opined that Anita was fit to make a statement. Tehsildar (PW4) recorded the statement of Anita (Ext. P11) in which deceased Anita stated that her brother-in-law Prempal grappled with her and pushed her aside and poured kerosene upon her and set her ablaze. Based on her statement, FIR was registered under Section 307 IPC against the appellant. PW-8 had taken up the investigation and prepared the Rough Site Map of the spot and seized material objects from the scene of the crime.

3. On 24.10.2001 at about 11.45 P.M., Anita succumbed to injuries. On receipt of intimation about the death of Anita, the investigating officer went to the hospital and held the inquest proceedings and prepared the Inquest Report. PW-1, Dr. J.P. Malik conducted autopsy on the body of deceased Anita and issued the Post Mortem Certificate. The investigating officer recorded the statement of Dhan Singh (PW 7) and Chhotu Ram father of Anita. The case registered under Section 307 IPC was altered into Section 302 IPC and after completion of investigation, charge sheet was filed against the appellant and Jai Singh -father-in-law of deceased.

4. To bring home the guilt of accused, prosecution examined eight witnesses and exhibited number of documents and material objects. After conclusion of the trial, the trial court convicted the appellant under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5,000/-with default clause. The trial court also convicted the appellant under Section 354 IPC and sentenced him to undergo rigorous imprisonment for a period of two years and both the sentences were ordered to run concurrently. The co-accused Jai Singh was acquitted of the charge. In the appeal preferred by the appellant, the High Court confirmed the conviction of the appellant under Section 302 IPC and the sentence imposed on him and acquitted him under Section 354 IPC. Being aggrieved, the appellant has preferred this appeal.

5. Learned counsel for the appellant contended that Anita sustained 95% burns all over the body and there were deep burn injuries in fingers of the hand and feet of Anita and she died shortly after recording of her dying declaration and it might not have been possible for her to make a statement and trial court and the High Court erred in relying upon the dying declaration. The learned counsel for the appellant contended that though PW-4, Tehsildar got the certificate regarding fitness of the deceased to make the st