IMPORTANT POINT
Dying declarations can be the basis for conviction if they are found to be truthful and voluntary; however, they must be carefully scrutinized, especially in the absence of corroborative evidence.

JUDGMENT/ORDER

ABHAY S.WAGHWASE, J. - Appellant / convict is questioning the Judgment and order passed by the Additional Sessions Judge, Vaijapur on 21/9/2015 in Sessions Case No.58 of 2013 by which appellant was held guilty for the offence punishable under Sec. 302 of the Indian Penal Code (IPC). PROSECUTION CASE IN THE TRIAL COURT

2. Deceased Sangita was married to accused. Merely after six months of the marriage, it is the case of the prosecution that, deceased was beaten by the accused while they were residing at Bhagoor. Accused was maintaining extramarital affair and was in constant touch with the said girl on phone. On 30/3/2013 accused received phone call shortly after midnight and thereafter, finding the accused husband talking with the girl, deceased Sangita questioned him. Enraged by the same, it is the case of the prosecution, that accused poured kerosene on her and ignited her. She suffered 90% to 94% burns. While she was being treated at the hospital, deceased gave two dying declarations on the strength of which Police registered crime initially under Sec. 307 of the IPC. Accused came to be arrested. While undergoing treatment deceased succumbed to the burns and therefore, offence was converted into Sec. 302 of the IPC and accordingly, accused was chargesheeted and tried and resultantly, the learned trial Court convicted him for the same. Appellant is now questioning the Judgment and order of guilt and conviction by preferring instant appeal on various grounds raised in the appeal memo. SUBMISSION OF APPELLANT

3. Learned Advocate for the appellant would strenuously submit that prosecution has miserably failed to establish that accused was responsible for setting the deceased on fire. It is pointed out that prosecution's own evidence suggest that deceased suffered accidental burns. Only on instigation of relatives, Police machinery had implicated the accused for charge of setting her on fire and causing homicidal death. It is pointed out that dying declarations and Police papers, which are part of the charge-sheet, indicate so. Learned Advocate submitted that immediately when deceased was admitted, thereafter relatives rushed to the hospital and they have tutored deceased and therefore, dying declaration is not reliable. It is his next submission that considering the degree of burns, it is difficult for deceased to give two dying declarations. That both the dying declarations do not inspire confidence of the Court. That the dying declarations are full of scoring. The learned trial Court ought not to have relied on the same. There was no other strong and reliable evidence in support of allegations levelled by the prosecution and therefore, guilt and conviction by the learned trial Court being not sustainable in the eyes of law, is required to be set aside. SUBMISSIONS ON BEHALF OF PROSECUTION

4. In response to the said submissions, learned APP for the respondentState submits that it has come in the evidence of prosecution witnesses that accused was maintaining affair inspite of getting married to deceased. That In support of their case, prosecution has examined testimonies of in all 11 witnesses. That there used to be quarrels between the accused husband and the deceased. That even on the fateful night, accused had received a phone call from the said girl at odd hours. Therefore, deceased wife questioned him. Getting in rage of the same, accused poured kerosene on her person and set her on fire. Deceased has given dying declaration to that extent. After medical examination by the medical authorities, they found her fit to give dying declaration. She named her husband for setting her on fire. That coupled with this, her father, uncle, mother and maternal cousin are all unanimously named accused. Therefore, on the strength of such material, learned trial Court committed no error whatsoever in finding accused guilty and convicted him. There is proper appreciation of law on the point of dying declaration. Therefore, such J