IMPORTANT POINT
Conviction can be based solely on dying declaration if inspiring confidence.

JUDGMENT :

N.V. Ramana, J.

1. This appeal by special leave is filed by the appellant aggrieved by the judgment of the High Court of Judicature at Bombay, dated June 8, 2010 in Criminal Appeal No. 462 of 1992 whereby the High Court confirmed the judgment of the trial Court in Sessions Case No. 91 of 1992.

2. The case of prosecution, in brief, is that the accused appellant herein had illicit relationship with Latabai (deceased) for the past five years prior to the date of incident and on 13th December, 1991 when the deceased refused to cook food for the accused, he got annoyed and burnt her alive by pouring kerosene oil. Hearing hue and cry of the deceased, one Meerabai and Satyabhamabai (PW 7) rushed to save her. The appellant also joined them in extinguishing the fire. Seeing the gathering of neighbours, in that commotion the accused ran away from the scene. The victim was then taken by the neighbours to the Civil Hospital, Nashik where the appellant was also admitted. Jayaprakash Chavan, Special Judicial Magistrate (PW1) recorded dying declaration of Latabai as also the statement of the appellant. On the same day, i.e. 14.12.1991, Nivrutti Baburao Godhade (PW12), Police Head Constable has also recorded dying declaration of Latabai (deceased).

3. Crime No. 76/91 was registered by PSI Jadhav (PW11) against the accused. Thereafter spot panchanama was prepared, seized incriminating material such as kerosene oil tin, match box, pieces of saree, blouse etc. from the scene of offence and recorded statements of witnesses. On 16.12.1991, the victim Latabai succumbed to the burn injuries and the accused was arrested on 19.1.1992. In furtherance of investigation, postmortem on the body of the deceased was conducted, chemical examiner’s report (Ext. 32) was obtained and the accused was charge sheeted. As he pleaded not guilty, learned Sessions Judge has conducted a full fledged trial resulting in the conviction of the accused/appellant for the offence punishable under Section 302 of IPC and sentenced him to suffer life imprisonment and to pay a fine of Rs.100/-, in default, to further suffer imprisonment for a period of one month in addition.

4. The appellant-accused carried the matter by way of appeal to the High Court. The High Court came to the conclusion that the prosecution has proved the case beyond reasonable doubt regarding the complicity of the accused in causing the unnatural death of Latabai by burn injuries. Accordingly, the High Court dismissed the appeal and upheld the conviction and sentence imposed by the learned Additional Sessions Judge. Having aggrieved by the concurrent findings of the Courts below, the accused-appellant is in appeal before us.

5. We have heard the learned counsel on either side and perused the material on record.

6. Learned counsel appearing for the appellant has made a strenuous effort to convince the Court that the prosecution has not been able to establish the fact that the petitioner had poured the kerosene on the deceased. There was no eyewitness to the incident, as a matter of fact the accused himself was a victim with 40% burn injuries while trying to save the deceased. On the date of incident, upon lighting herself the deceased made a hue and cry, when the accused heard the shouts of Latabai he barged into the house to save her but the deceased after seeing the accused hugged him, with which he also had sustained burn injuries. Learned counsel further argued that the alleged dying declarations are not voluntarily made by the deceased, they are fabricated with an intention to foist a false case and implicate the appellant. He prayed that in spite of several doubts on the prosecution case, such as, how the victim with 86% burn injuries could give dying declaration and whether the motive has been proved and also whether the guilt of the accused has been established beyond reasonable doubt, the Courts below have failed to perceive the matter in correct manner and perversely passed the order of convictio