The main legal point established in the judgment is the importance of the dying declaration being truthful, voluntary, and inspiring confidence of the Court in cases where the deponent is not alive to be cross-examined.

Sadhana S. Jadhav, J.

This is an appeal through jail. Advocate Ms. Sindha Shreedharan had been appointed to espouse the case of the appellant. The appeal is old. The appointed Advocate is not present and hence, this Court has requested Advocate Mr. Satyavrat Joshi to go through the records and espouse the case of the appellant. He has graciously accepted. Hence, this Court proceeds to hear the appeal.

2. The appellant herein is convicted for the offence punishable under section 498A of the Indian Penal Code and is sentenced to undergo R.I. for one year and fine of Rs.3,000/- in default R.I. for six months. He is also convicted for the offence punishable under Section 306 of IPC and is sentenced to undergo R.I. for three years and fine of Rs.10,000/- in default further R.I. for six months by II Additional Sessions Judge, Solapur in Sessions case No.32 of 1995 vide judgment and order dated 5.12.1995. Such of the facts necessary for the decision of this appeal are as follows :-

That on 25.12.1994, Vimal, wife of the appellant, was admitted in the hospital with history of burn injuries. Since it appeared to be a medico-legal case, the hospital had informed the police about the same. That on 25.12.1994 itself the father of Vimal had lodged a report at the police station alleging therein that his daughter was married to the present appellant 7 years prior to 25.12.1994. That he was working in the Railway Department. That he was demanding money from Vimal and coercing her to fetch money from her father who had retired. That his son-in-law was adicted to alcohol. He used to assault and ill-treat his wife under the influence of Alcohol. On 25.12.1994, in the afternoon at about 2.30 p.m., he was informed that his daughter Vimal had sustained burn injuries he rushed to the house of the appellant where he found that his daughter was lying in burn condition and therefore, she was admitted in Civil Hospital. According to him, his daughter was fed up of the harassment and ill-treatment meted out to her at the hands of the appellant and therefore she had immolated herself. On the basis of the said report, Crime No.337 of 1994 was registered against the appellant at Sadar Bazar Police Station for the offences punishable under Section 498A of IPC. In the hospital, statement of the injured was recorded by the Executive Magistrate. She had mentioned before the Magistrate that she was married to the appellant. That she is mother of two sons. That her husband used to assault her under the influence of alcohol. On the date of the incident, at about 2 p.m., he came for lunch. There was a quarrel between th couple and at the end of the quarrel, she had poured kerosene and set herself ablaze. According to her, she was rescued by her neighbours and that she was taken to the hospital by her neighbour. The said dying declaration is marked as Exhibit 21. It appears that the said dying declaration was recorded between 3.45 p.m. to 4 p.m. The injured Vimal had sustained 96% burn injuries. Vimal had succumbed to the burn injuries on 27.12.1994. hence, after completion of investigation, charge-sheet was filed against the accused for the offences punishable under Sections 498A and 306 of IPC. The prosecution has examined as many as 11 witnesses to bring home the guilt of the accused. The prosecution has also examined the minor son of the accused-appellant as PW-6.

3. PW-1 Bharat Bagade happens to be the neighbour of the appellant and the deceased. He has deposed before the Court that the accused was addicted to alcohol and that was the cause of quarrel between the couple. That PW-1 had intervened in their quarrels. He has further deposed that on 25.12.1994, it was Sunday. He had heard cries from the house of the accused. He saw the wife of the accused-appellant in flames. The accused was also present. PW-1 attempted to save her. The accused had extinguished flames by covering her with a quilt. At that time, the relatives were also present. He has specific