The central legal point established is the requirement for corroborative evidence to support suspicious dying declarations and the need to prove guilt beyond reasonable doubt.

Vibha Kankanwadi, J.

1. Present appeal has been filed under Section 378(1) of Code of Criminal Procedure, by prosecution challenging the acquittal of the respondent/accused from the offence punishable under Section 302 and 504 of Indian Penal Code by learned Adhoc Additional Sessions Judge, Dhule in Sessions Case No. 77 of 2007 on 01-02-2008.

2. The brief facts of the prosecution case was that deceased Jayashree Dilip Bhosale was 18 years old girl resident of Jogshelu, Taluka Sindkheda, District Dhule. She was residing with her parents and sister. She was educated up to 10th standard. Her mother Nitabai was member of a Mahila Bachat Gat. Accused Ashabai Desale was also member of the same Bhachat Gat. Jayashree was admitted in Rural Hospital with burn injuries on 13-04-2007. She gave statement before Police Inspector that she had gone to one Sangeeta Patil around 10 a. m. on that day to give blouse for stitching. Accused uttered that there is misappropriation of amount of Rs.1,400/- of Bachat Gat. This was in fact addressed after witnessing Jayashree. When Jayashree asked accused about it, accused gave abuses in filthy language. At that time, mother and other persons from the vicinity were present. When Jayashree was in the courtyard of accused, accused brought kerosene drum and matchbox. Then she poured kerosene on the person of Jayashree and ignited the matchstick and set her to fire around 3.00 p.m. Jayashree was then admitted by her mother and others to the hospital. On the basis of said statement, offence came to be registered against accused for the offence punishable under Sections 307, 504 of Indian Penal Code vide C.R. No. 20/07.

3. After the offence was registered, investigation was carried out. Panchnama of the spot was executed with the help of two panchas. Another statement of Jayashree came to be recorded through Executive Magistrate. Statement of some witnesses were recorded. Jayashree expired on 13-04-2007. Inquest panchnama was executed and dead body was sent for postmortem. Accused came to be arrested. Her clothes came to be seized. Clothes of deceased were also seized. The seized articles were sent for chemical analysis. Chargesheet has been filed after the completion of the investigation.

4. Accused appeared before the learned Trial Court. Charge for the offence punishable under Sections 302 and 504 of IPC came to be framed. Accused pleaded not guilty. Trial has been conducted. Taking into consideration the evidence and hearing both sides; the learned Trial Court has acquitted the accused. Hence, present appeal was filed by the prosecution in order to challenge the acquittal.

5. Heard learned A.P.P. Shri. A.A. Jagatkar for the State/prosecution and learned Advocate Shri P.B. Pawar for respondent. Perused the record.

6. Learned A.P.P. has submitted that the Trial Court has not appreciated the evidence properly. Prosecution has proved both the dying declarations given by deceased Jayashree. Both the dying declarations were consistent. Minor difference had not affected the story. It was categorically stated by the deceased that accused had brought the kerosene can and set her to fire. The reason behind the said act was that deceased was asking accused as to why she was blaming her for the misappropriation of funds of Bachat Gat. The evidence of dying declarations were supported by testimony of mother of the deceased. She was the eye witness to the incident. When there was direct evidence on record, learned Trial Court ought to have held accused guilty of committing murder of Jayashree.

7. Per contra, the learned Advocate for respondent/accused has relied on the reasons given by the learned Trial Court while acquitting accused.

8. In this case, accused has admitted the spot panchnama Ex. 12, Inquest panchanama Ex.13, Provisional Postmortem Ex.14, arrest panchnama Ex.15, letter to Chemical Analyser Ex.16. Thus, it can be seen that accused is almost admitting that Jayashree had sustained burn injuries. Prosecuti