The genuineness of a dying declaration and the absence of material contradictions in prosecution evidence are crucial factors in determining the reliability of witness statements and upholding a conviction.

RAJEEV RANJAN PRASAD, J.

1. This Criminal Appeal has been preferred by the sole accused Bhupendra Kumar Mehta, who has been convicted by learned Ad hoc Sessions Judge IV, Araria (hereinafter referred to as ‘the trial court’) vide judgment dated 12.03.2013 passed in Sessions Trial No. 234 of 2010/Trial No. 14 of 2010/754 of 2012 by which the learned trial court has been pleased to hold and declare that the prosecution has been able to prove the guilt of the accused in the alleged occurrence for the offences U/S 452, 376/511 and 302 of the Indian Penal Code and thereupon convicted and sentenced him to undergo rigorous imprisonment of five years and Rs. 5,000/- as fine and, in default of fine, he has to further undergo simple imprisonment of three months for the offence punishable U/S 451 IPC, rigorous imprisonment for 10 years and Rs.10,000/- fine and, in default of fine, he has been awarded to undergo simple imprisonment of six months for the offence punishable U/S 376/511 of the I.P.C. and imprisonment for life and Rs. 20,000/- fine and in default of fine to undergo one year for the offence punishable U/S 302 of the I.P.C. and all the sentences have been ordered to run concurrently.

2. On perusal of the records received from the learned trial court it appears that the prosecution case is based on the Fardbeyan of Soni Kumari, wife of Sudhir Pandit, resident of Village Jagdish Mill, Ward No. 8, Forbisganj, P.S. Forbisganj, District Araraia. Fardbeyan of Soni Kumari (since deceased) was recorded by Sub Inspector of Police Kapildeo Prasad Singh (PW9) who has proved the Fardbeyan (Ext.6). In her Fardbeyan, Soni Kumari (since deceased) made her statement in the Referral Hospital, Forbisganj Ward on 05.08.2009, at about 1:00 P.M., that she was married five years back and from the said marriage she has got a girl child, aged about three years. It is further stated that she was a teacher in Bal Shramik Vidyalaya, F.C.I. Chawk, on 05.08.2009 she went to her school and came back to her house at 10:30 A.M. Her husband had gone to work in Soni Studio at Bus Stand and in her house there was none else than she and her daughter. According to her Fardbeyan, she started cooking in her house, in the meantime the accused Bhupendra Kumar Mehta, who was also a teacher and resident of the same locality, entered in her house and asked her to marry him. On this, she stated that how can she marry him as she was already married, the accused Bhupendra Kumar Mehta started to forcibly catch hold of her and wanted to rape her which she protested. At this stage, the accused brought Kerosene oil which was kept in a 5-litre gallon in the kitchen and poured Kerosene oil on her body and thereafter he burnt a paper from the stove and threw that on her body. She got burn injuries on her neck and cheeks; on raising HULLA one student came who placed blanket on her body in an attempt to put off the fire. On information, her husband came and with the help of the persons in the society she was brought to Referral Hospital on a rickshaw from where she was referred to Purnea Referral Hospital for better treatment. She has alleged that the accused Bhupendra Kumar Mehta was pressurizing her to enter into illicit relationship and to marry him which she was not agreeable to and she protested and because of that the accused had committed this act.

3. The victim Soni Kumari was treated in Referral Hospital, Forbisganj, Araria on 05.08.2009 by Dr. Jai Narain Prasad (PW10), who has proved the injuries found on her body. The injury report has been marked as Ext.5. One of the injuries noted by him is ‘burn on both hands’. The victim was thereafter treated at Forbisganj and from there she was referred to Apollo Burn Hospital where she finally succumbed to her injuries and died on 15.08.2009. The case was initially registered U/S 452/354/326/307 IPC, however, after the Fardbeyan of the victim Soni Kumari was recorded and when she died Section 302 IPC was also added vide orde