Dying declarations can be relied upon even with severe injuries if the declarant is in a fit state of mind, and prior complaints of harassment are not necessary to establish motive.

JUDGMENT :

(M.S. Jawalkar, J.)

Heard.

2. The Appellant is being aggrieved by the judgment dated 31/01/2020, passed by the learned Additional Session Judge, Akola, in Session Trial No. 102/2018, whereby, the appellant is convicted under Section 235(2) of the Code of Criminal Procedure, 1973, for the offence punishable under Section 302 of the Indian Penal Code, 1860 and he is sentenced to undergo imprisonment for life and shall pay fine of Rs.5000/- for the said offence.

3. The incident occurred on 24/05/2018 at about 2:00 p.m. A telephonic information was received to PSI Sangita Randhe at Khadan Police Station, Akola, that one lady was blazed in Kailas Nagar locality, Gorakshan Road Akola, she was hospitalized at Government Hospital Akola. PSI Randhe visited the Hospital Akola and upon completing the legal formalities she met patient Varsha Bhumbarkar and recorded her statement. In the said statement it was revealed that Varsha was set into fire by her husband as she has refused to pay money to him for drinking liquor. Upon the statement of Varsha first information was lodged for the offence punishable under Section 307 of the Indian Penal Code at Khadan Police Station, Akola, at the instance of PSI Randhe. Deceased Varsha succumbed to the burn injuries on 25/05/2018 and accordingly offence under Section 302 of the Indian Penal Code came to be added. PI Santosh Mahalle arrested the accused on 29/05/2018. The appellant submitted that deceased Varsha have committed suicide by immolating herself. After the trial, the learned Additional Sessions Judge, Akola, convicted the appellant for the offence punishable under Section 302 of Indian Penal Code and was sentenced to undergo imprisonment for life and to pay fine of Rs.5000/- for the said offence and in default of payment of fine the accused to undergo Rigorous imprisonment for one year. Hence, the present appeal.

4. The learned Counsel for the appellant contended that the shirt of accused was burnt and the same was recovered hence there are no burn injuries to accused which is unbelievable. According to Counsel for appellant, the Dying Declaration is suspicious, manipulated and after thought. Sixteen match sticks were burnt at the time of incident, showing that the victim herself was burnt, being tried to commit suicide. It is further contended that no eye witnesses were examined by the prosecution since Vishnu Nichale could have been examined, though other witness Janardan Wakode was died. There was no police report prior to the incident, showing harassment by the accused to the victim. Kerosene Can in the house of accused is doubtful, when there happens to gas stove and cylinder present there. All these things were not considered by the learned Trial Court and passed an impugned order which needs interference by this Court.

5. Learned Counsel for appellant relied on following citations : 1) Chandrakant Vishwanath Solas Vs. The State of Maharashtra, 2024 ALL MR (Cri) 852.

6. It is the contention of the learned APP for state that the deceased was reached to the hospital by the neighbour, while the accused had made no efforts to hospitalize her. It is further submitted that the accused was addicted to liquor and to satisfy his vices, he had blazed his wife. It is further submitted that the half burnt clothes having smell of Kerosene, Match Box, Ash, Kerosene Can, had been recovered from the spot. The witness Shruti Pohankar (PW 3) has depicted in her evidence the atrocities and harassment caused by accused upon them, pursuant to his liquor addiction and immediately after receiving information, said Shruti had visited the hospital and met her mother, who had stated the series of events of blazing to her by accused, amounting to oral dying declaration.

7. It is further contended that the witness Anand Wankhade (PW 4) with the assistance of driver had reached deceased Varsha in the car, by wrapping her in a bedspread and during transit, Varsha gave oral dying declaration to him about blazing