IMPORTANT POINT
The court established that inconsistent dying declarations can undermine the prosecution's case, necessitating a careful evaluation of their credibility.

JUDGMENT :

Prithviraj K. Chavan, J.

By this Appeal the appellant challenges a judgment and order of conviction rendered by the Additional Sessions Judge, Nashik in Session Case No.281 of 2013 on 31st January, 2018, by which he has been convicted of the offence punishable under Section 302 of the Indian Penal Code (for short “IPC”) and sentenced to undergo imprisonment for life with fine of Rs.1,000/-.

2. The prosecution story goes like this:

The appellant is the father-in-law of the victim - Nilam Dhanraj Jithethor (for short “victim”). On 1st April, 2013, the victim, who was then aged about 19 years, was admitted in Civil Hospital Nashik with burn injuries. On the basis of her complaint recorded by an Assistant Police Inspector- J. B. Sapkale of Gangapur Police Station, it revealed that after her marriage with the son of the appellant on 13th February, 2013, the victim was subjected to physical and mental torture by the appellant as well as her mother-in-law and brother-in-law - Rahul.

3. On 30th March, 2013, around 6:00 p.m. her mother-in-law and husband Dhanraj were out of the house near the water tap connection. The victim was emptying water pots in the kitchen. At that time, the appellant entered from backside door and poured kerosene on her person from a plastic can. Since it was a festival of Rangpanchami /Dhulivandan, victim thought that somebody might have thrown colour, however, before she could realize anything, the appellant lit a matchstick and set her ablaze. She screamed and shouted loudly while coming out of the house. Her husband Dhanraj and mother-in-law tried to douse the fire. She was, subsequently, admitted in the hospital.

4. It is the case of the prosecution that the appellant had an evil intention in his mind qua the victim. He was accustomed to consuming liquor. He used to abuse her. He also used to take her husband with him for gambling. The appellant was enraged since the victim was restraining her husband from accompanying with the appellant for gambling.

5. After recording her statement, impression of her left toe was obtained over the statement since she had sustained burn injuries on her palm.

6. On 1st April, 2013, a Special Executive Magistrate, Nashik viz. Rajashri Ahirrao also recorded her dying declaration. Unfortunately, the victim succumbed to the injuries and therefore, an offence came to be registered against the appellant under Sections 302 and 498A of the IPC.

7. Investigating Officer held investigation into the crime. He recorded statements of the witnesses, drew inquest panchanama as well as spot panchanama of the scene of occurrence. He had also seized the articles i.e stove, match box, plastic can etc. The seized articles were forwarded to Forensic Science Laboratory. After completing the investigation a charge-sheet has been filed in the Court of Judicial Magistrate First Class, Nashik. After committal of the case to the Sessions Court, a charge was framed in terms of Exh.5. It was read over and explained to the appellant in vernacular to which he pleaded not guilty and claimed to be tried.

8. The defence, as emerged from the line of cross-examination as well as from the statement of the appellant under section 313 of the Cr.P.C is that of false implication and absence at the scene of occurrence. No defence evidence has been adduced.

9. In support of it’s case, prosecution examined five witnesses. After recording the evidence and hearing the prosecution as well as the defence, learned Additional Sessions Judge returned her findings in favour of the prosecution by holding the appellant guilty of the offence under Section 302 of the IPC by convicting and sentencing him as above. The appellant, however, came to be acquitted of the offence punishable under Section 498A of the IPC.

10. We heard Mr. Kalantri, learned Counsel for the appellant and Mrs. Shinde, learned APP.

11. At the outset, Mr. Kalantri would argue that there are, in all, four dying declarations of the victim which are not only cont