The central legal point established in the judgment is the requirement for a dying declaration to be true, voluntary, and inspiring confidence, and the need to consider corroborative evidence when relying on a dying declaration as the sole basis for conviction.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Appellant is the husband of deceased Kavita, who stood prosecuted and convicted for committing offence punishable under Section 302 of the Indian Penal Code in Sessions Case No.24 of 2014 by the learned Additional Sessions Judge, Jalna, on 2nd March 2015. He has been directed to undergo imprisonment for life and to pay fine of Rs.1500/-, in default of payment of fine, to suffer rigorous imprisonment for six months. It will not be out of place to mention here that appellant is the original accused No.1 and along with accused Nos.2 to 5, he stood prosecuted for the offence punishable under Sections 302, 498-A read with Section 34 of the Indian Penal Code, however all of them have been acquitted of the offence punishable under Section 34 of the Indian Penal Code. Accused Nos.2 to 5 were also acquitted of the offence punishable under Section 302 of the Indian Penal Code.

2. The prosecution story, in short, is that Kavita who was aged 27 years, got married about 9 years prior to her death with accused No.1 i.e. present appellant. She had a son, aged 8 years and a daughter, aged six years. According to the prosecution, the husband as well as the in-laws and other relatives of husband i.e. in all accused Nos.1 to 5 used to raise suspicion over the character of Kavita. She was assaulted and abused under the influence of liquor. She was at home at about 11.00 a.m. on 17th September 2013 when accused No.1 had poured kerosene on her person. Then Kavita got annoyed and abused the husband. The husband got annoyed with her and ignited the match stick and set her to fire. Thereafter, accused Nos. 2 to 5 had extinguished the fire and took her to Mantha Government Hospital. She was then referred to Civil Hospital, Jalna. While under treatment, she gave the dying declaration, which came to be recorded by police head constable Rangrao Sardar. The said dying declaration has been treated as First Information Report and further investigation has been undertaken.

3. Statements of witnesses have been recorded and at that stage the offence was under Section 307 of the Indian Penal Code and other Sections. But thereafter Kavita expired on 21st September 2013 and then, after drawing the inquest panchnama, the dead body was sent for postmortem. After the postmortem, the dead body was handed over to the relatives. Statements of the relatives were recorded and prior to that panchnama of the spot came to be executed. Certain articles came to be seized from the spot. The seized articles were sent for chemical analysis. Some of the accused persons came to be arrested and others had obtained anticipatory bail. After completion of the investigation, charge-sheet came to be filed.

4. After the committal of the case, the learned Additional Sessions Judge framed charge against all the accused persons at Exhibit-13 for the offence punishable under Sections 498-A, 302 read with Section 34 of the Indian Penal Code. All the accused pleaded not guilty. Trial has been conducted. Prosecution has examined in all eight witnesses to bring home the guilt of the accused. After taking into consideration the evidence on record, the other documents, statement of the accused persons under Section 313 of the Code of Criminal Procedure and hearing both the sides; as aforesaid, the learned Additional Sessions Judge has held accused No.1 guilty of committing offence under Section 302 of the Indian Penal Code and the rest of the accused as well as even accused No.1 under rest of the charges have been acquitted. Hence this Appeal by original accused No.1.

5. Heard Mr. Joydeep Chatterji, learned Advocate for the appellant and Mr. Salgare, learned APP for the State.

6. It has been vehemently submitted on behalf of the appellant – husband that the conviction is solely based on dying declaration Exhibit-31 recorded by PW-5 police head constable Sardar. PW-8 Dr. Ramteke was the duty medical officer who had given endorsement on dying declaration Exhibit-31. Perusa