A dying declaration recorded from a surviving individual cannot be treated as substantive evidence for conviction; it may only be used to corroborate testimony.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant against impugned judgment of conviction and order of sentence dated 29/06/2019 passed by learned 2^nd Additional Sessions Judge, Manendragarh, District Koria in Sessions Case No. 105/2017 whereby the appellant has been convicted for offence punishable under Section 302 (two times) and 309 of IPC and sentenced to undergo life imprisonment with fine of Rs. 1,000/- and in default of payment of fine, additional R.I. for three months and to undergo S.I. for 3 months, respectively, with a direction to run both the sentences concurrently.

2. Case of the prosecution, in brief, is that on 11/05/2017 at about 12:30 PM at Village Shivtola within the ambit of Police Station Janakpur, the appellant herein, knowing fully well that jumping into the well would inevitably lead to death, after tying her two minor sons namely Bharat, aged about 4 years, and Shatrughan, aged about 4 months, from her waist, jumped into the well which led to the death of both of her sons and also attempted to commit suicide and thereby, committed the aforesaid offence.

3. Further case of the prosecution is that on 11/05/2017, at about 6.00–7.00 AM, the husband of the appellant namely Shailendra Panika (PW-1), along with his family members, had gone to the forest and at that time, the appellant was present at home along with her two minor sons namely Bharat and Shatrughan. At about 12.30 PM, Shailendra Panika (PW-1) returned home and found the door of the house locked. Upon not finding his wife and children in the house, he went towards the nearby well, where he noticed the appellant lying on her side in the water. On raising an alarm, villagers including Ramchandra Panika (PW-3) and others gathered at the spot and the appellant was pulled out of the well in an unconscious condition. It was further noticed that the younger son Shatrughan was tied around the waist of the accused and was taken out of the well in a dead condition. Thereafter, the elder son Bharat was also taken out of the same well, who was also found dead. On receiving information regarding the incident, Inspector T.S. Paikra (PW-7) of Police Station Janakpur reached the spot and after making preliminary inquiry from the husband of the appellant, recorded merg intimation (Ex. P/1). Separate inquest proceedings of both the deceased children were conducted on the spot vide Ex. P/3 and P/4 in the presence of witnesses. Thereafter, the dead bodies were sent to the Community Health Centre, Janakpur, where Dr. Abhaya Gupta (PW- 9) conducted the postmortem examinations and prepared separate postmortem reports of Bharat and Shatrughan vide Ex. P/9A and Ex. P/10A, respectively. The appellant was referred to the Community Health Centre, Janakpur, for medical treatment. On the same date, the spot map (Ex. P/5) was also prepared. On returning to the police station on 11.05.2017, Inspector T.S. Painkra (PW-7) registered Merg Case No. 14- 15/2017 (Ex. P/12). After receiving the postmortem reports and considering the facts revealed during the inquest proceedings, FIR No. 54/2017 against the appellant was registered for offences punishable under Sections 302 and 309 of the IPC vide Ex. P/13. During the course of investigation, after obtaining the medical fitness report of the appellant, the Naib Tehsildar/Executive Magistrate, T.K. Das (PW-10) recorded the dying declaration of the accused (Ex. P/20) in the presence of witnesses. Statements