Point of Law : Criminal Law - Murder - Conviction confirmed - Dying declaration - Acceptability of -A dying declaration could be sole basis of conviction even without corroboration, if it inspires confidence of Court - Dying declarations recorded by police and Special Judicial Magistrate are reliable, trust worthy and inspired confidence

JUDGMENT :

V. K. Jadhav, J.

1. This appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge, Aurangabad dated 11.9.2015 in Sessions Case No.118 of 2013 thereby convicting the appellant/accused Suresh s/o Babu Giri for the offence punishable u/s 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/-.

2. Brief facts of the prosecution case, are as follows :-

a] It is the prosecution case that the appellant/accused Suresh Giri had committed murder of his wife Bebibai by pouring kerosene on her person and setting her on fire with the help of matchstick. Deceased Bebibai had taken initiative to fix marriage of their daughter with the relatives of her side. However, the appellant/accused was not agree for the said relation. On 18.9.2012 at about 10.30 to 11.00 p.m. the appellant/accused came to the house by consuming liquor. Their children slept on terrace. Deceased Bebibai was alone in the house. The appellant/accused had raised the quarrel with deceased Bebibai by saying as to how she had taken initiative to fix the marriage of their daughter. Deceased Bebibai had replied to him that the boy and his family members are good persons and, therefore, she had decided to give their daughter in that family. The appellant/accused got annoyed. He had abused and assaulted deceased Bebibai with kicks and fist blows. Thereafter, the appellant/accused took out kerosene from the stove and poured it on her person and set her on fire with the help of match stick. After setting her on fire, the appellant/accused ran away from the house. Deceased Bebibai had raised a hue and cry. By hearing her hue and cry, her son and daughter came down from the terrace. They had also shouted for help. Neighbour also came there. Thus, all of them took injured Bebibai to Sumananjali Hospital, Aurangabad.

[b] PW 4 PHC Pandit Ratiram Bangare attached to Mukundwadi police station at the relevant time informed on phone by the PSO about the MLC received from Sumananjali Hospital, Aurangabad. Thus, he went to the police station at about 3.30 am in the night. Thereafter, he went to the Sumananjali Hospital. Patient was admitted in Ward No.202 of the Sumananjali Hospital. He had recorded the statement of deceased Bebibai as per her say. Deceased Bebibai had stated before him that at about 22.30 hours while she was cooking in the house, her husband came inside the house under the influence of liquor and quarreled with her on account of the settlement of the marriage of their daughter with the relatives of the deceased. Deceased Bebibai had further stated that accused started beating her, poured kerosene on her person and set her on fire by means of match stick and then ran away. Before commencement and after completion of the said statement, PW 4 PHC Bangare has obtained endorsement of in-charge Doctor about ft state of mind of the deceased Bebibai to give statement. Said statement-cum-dying declaration is marked at Exhibit-21. On the basis of the said statement-cum-dying declaration Exhibit-21, crime no.298 of 2021 for the offence punishable under section 307, 504 of the IPC came to be registered at police station, Mukundwadi, Aurangabad. PW 9 PSI Amit Ghule took over the investigation of the crime. He had visited the spot of the incident and drawn spot panchnama exhibit-14. He had seized one stove, kerosene can, partly burnt pieces of clothes, match box from the place of the incident. He has also recorded statement of the witnesses. He had also issued letter to the Special Executive Magistrate with a request to record the statement of the injured. After recording of her statement by the Special Executive Magistrate, deceased was shifted to Ghati Hospital, Aurangabad where she died on 26.9.2012. He had also drawn inquest panchnama and sent the dead body for postmortem examination. After completion of the investigation, he had submitted the charge-sheet against the accused.

[c] The