The reliability of a dying declaration and the requirement for corroboration to support the prosecution's case.

A.M. Dhavale, J.

In Sessions Case No. 142 of 2011 of District & Sessions Court, Beed, husband and mother in law of the deceased bride were prosecuted for committing her murder by pouring kerosene on her person and setting her on fire. Mother in law was acquitted and the husband was convicted under Section 302 of the I.P.C. and was sentenced to suffer imprisonment for life and to pay fine of Rs. 5000/- in default to suffer further rigorous imprisonment for three months. He was acquitted under Section 498A of I.P.C. Aggrieved by the sentence and conviction, husband Sugriv has preferred this appeal.

2. Facts relevant for deciding this appeal may be stated as follows:

On 20.04.2010, Lilawati Sugriv Kale, aged about 45 years, R/o. Manubai Jawala, Tq. Georai was admitted in Civil Hospital with burn injuries. The Executive Magistrate, Beed was called and her dying declaration was recorded, after taking certificate of Medical Officer that the patients was conscious and oriented. The patient disclosed that she had married to appellant Sugriv about eight years back. It was her second marriage. He had deserted his first wife but had not divorced her. The said information was concealed by him from her at the time of marriage. She, her husband Sugriv, mother in law, brother in law and brother in law's wife and their children were residing together. She was not treated with love and affection. There used to be regular quarrels and complaints and abusing. Her husband did not allow her to have a child and she was forced to undergo abortion twice about two-three years earlier. Once her family members had pushed her into a well and that time her nephew had rescued her. On the earlier night, she was told by her husband that she should not stay there, was assaulted, kerosene was poured on her person and she was set on fire. That time, her mother in law had instigated her husband to pour kerosene and set her ablaze stating that nothing would happen. On sustaining burns, she raised shouts. The neighbours gathered there. She removed her saree, poured water on her person and extinguished the fire. Thereafter, she was taken first to Government Hospital, Georai and thereafter to Civil Hospital, Beed. She had 59% burns. Her husband and her mother in law were responsible for the incident. She was threatened that if she would disclose the said incident to anyone, she would be killed. Hence, she had not disclosed their names earlier. She had given such dying declaration without any pressure or influence. PW7 Executive Magistrate read over the dying declaration and obtained thumb impression of the patient. On the basis of the information, C.R. No. 35/2010 was registered for offences under section 498A, 307, 323, 504 r/w 34 of IPC at Talawada Police Station, Tq. Georai, Dist. Beed and the crime was investigated into by PW9PSI Pawar. He visited the spot which is in house of the accused no. 1 having single room of 15x15 with verandah. Investigating Officer seized burnt pieces of saree and a can of 5 ltrs smelling of kerosene and one match stick. He recorded statements of material witnesses and arrested accused no. 1. The investigation revealed that, before recording of dying declaration by the Executive Magistrate, another dying declaration (marked Exh.70) was recorded on the same day at 11:30 am by Police Officer attending Police Chowki in the Civil Hospital, Beed. The patient was admitted at 9:10 am with history of accidental burns. Her dying declaration before police officer revealed that, in the night the deceased was sleeping in the house with a kerosene lamp on. Due to dash by a cat, the kerosene lamp fell on her back and she sustained burns. She raised shouts. Her husband woke up and extinguished the fire and her husband, niece Savita and nephew Dada brought her to Government Hospital at Talwada. She had sustained injuries to her back and l