Point of Law: Criminal Trial - Conviction confirmed - Dying declaration - Admissibility of - A dying declaration could be the sole basis of conviction even without corroboration, if it inspires confidence of the Court.

JUDGMENT :

Prithviraj K. Chavan, J.

1. Feeling aggrieved with and dissatisfied by the impugned judgment and order dated 10th August, 2015 rendered by the Additional Sessions Judge, Solapur in Sessions Case No.311 of 2013 holding the appellant guilty of the offence punishable under sections 498-A and 302 of the Indian Penal Code, 1860 (for short ‘I.P.C’), the present appeal has been preferred amongst following facts and grounds.

2. Deceased Laxmi was married with the appellant about four to five years before the incident and the couple was co-habiting in a rented room at Lodhi Galli, Solapur. The prosecution case is that the appellant was addicted to liquor who used to ill-treat and beat his wife regularly under the influence of liquor. Laxmi delivered a girl child in the month of January, 2012. P.W.2-Kasturi Mane is the mother of Laxmi who had borrowed Rs.10,000/-from the master of the appellant for the delivery expenses of Laxmi. The appellant was demanding the said amount and, therefore, was insisting upon his wife to bring back Rs.10,000/-from her mother. Laxmi was continuously being harassed and ill-treated by the appellant on that count.

3. On the fateful day of 23rd June, 2013 around 1.30 p.m, the appellant picked up quarrel with Laxmi for the same reason and started assaulting her. He poured kerosene on the person of Laxmi from a stove and set her ablaze with a match stick. Due to her shouts, neighbours gathered and doused the flames. Laxmi was admitted to Civil Hospital, Solapur.

4. P.W.5-Nitin Chougule, Police Sub Inspector attached to Sadar Bazar Police Station, after receiving an information rushed to the Civil Hospital, Solapur. He summoned Special Judicial Magistrate for recording a dying declaration of Laxmi. He also requested Doctor to examine the victim and to certify as to whether she was in a fit and conscious state to give her statement. After having received an endorsement from the Doctor to that effect, it appears that this witness had recorded the first dying declaration of the victim. The said dying declaration is at Exhibit 38. Second dying declaration (Exhibit 35) came to be recorded by P.W.4-Dayanand Mane, Special Judicial Magistrate.

5. On the basis of the said dying declaration, a crime was registered bearing C.R. No.203 of 2013. P.W.5 -Nitin Chougule being an Investigating Officer had visited the scene of occurrence. He had drawn a spot panchanama. He had seized a red coloured stove, one cap of the stove, one match box of AIM Company, one piece of burnt match stick, one burnt piece of saree and one burnt piece of petticoat. Accordingly, a panchanama was drawn which is proved at Exhibit 39. He had also seized a shirt and pant of the appellant which had smell of kerosene. He arrested the accused.

6. Unfortunately, on 24th June, 2013, Laxmi succumbed to burn injuries. P.W.5 -Nitin Chougule had, therefore, prepared an inquest panchanama (Exhibit 41). The dead body was sent for autopsy. The autopsy report is at Exhibit 42 which indicates that Laxmi died due to 95% burn injuries. Viscera and other articles were sent for chemical analysis. After recording the statements of the witnesses, he laid a charge-sheet under section 304-B of the I.P.C against the appellant in the Court of Chief Judicial Magistrate, Solapur.

7. Learned Chief Judicial Magistrate by an order dated 7th October, 2013 committed the case for trial to the Sessions Court as the offence was exclusively triable by the Sessions Court.

8. The appellant appeared before the learned Sessions Judge on 21st January, 2014. Even though the charge-sheet has been filed under section 304-B of the I.P.C, the learned Additional Sessions Judge, in his wisdom, framed a charge under section 498-A and 302 of the I.P.C in terms of Exhibit 6. It was read over to the appellant in vernacular. The appellant pleaded not guilty and claimed a trial.

9. The defence as emerged from the line of cross-examination as well as from his statement under section 313 of the Criminal Proc