PRADEEP NANDRAJOG, J.

1. Vide impugned judgment and order dated 22.03.2001, the appellant has been convicted for the offence of having murdered Rekha (herein after referred to as the “Deceased”).

2. Case of the prosecution is that the appellant and the deceased were residing as husband and wife, as tenants, in a single room on the second floor in a building owned by Shashi PW-1 who lived on the ground floor of the building and that on 13.11.1998, the appellant poured kerosene oil on the deceased and set her on fire. Shashi heard voices that the deceased had been burnt and she moved upstairs. She saw the appellant coming down. On seeing Shashi, the appellant stopped his forward movement and returned upstairs. The deceased was found on the floor in a burnt condition. Shashi and the appellant removed the deceased to G.T.B.Hospital where Dr.R.Dayal PW-10 recorded her MLC Ex.PW-10/A on which he noted the history of the alleged burn as under:- “Alleged H/o being burnt by husband Gokul by pouring kerosene oil Informant self. O/E Conscious Oriented ………… Fit for statement 100% burns superficial to deep in nature……..” The deceased died as a result of burn injuries. On being apprehended and interrogated, the appellant had made a confessional statement admitting his guilt and disclosed to the police that he had kept the match box, match sticks and the can of kerosene oil used by him for setting the deceased on fire in the room where the deceased was found burnt. That thereafter he led the police to the said room and got recovered the match box, match sticks and a can of kerosene oil from the said room.

3. To put it in a nutshell, the incriminating evidence sought to be proved by the prosecution, to bring home the guilt of the appellant, was:- I Dying declaration of the deceased as recorded by Dr.R.Dayal on the MLC Ex.PW-10/A, which if proved, would have directly implicated the appellant. II Evidence of Shashi PW-1 to the effect she had seen the appellant descend from the second floor at the time the deceased was found burnt i.e. appellant being present in his matrimonial house along with the deceased and his attempting to flee. III Recovery of articles; namely, match box, match sticks and can of kerosene oil at the instance of the appellant.

4. Vide impugned judgment and order dated 22.03.01, convicting the appellant, the learned Trial Judge has held that the testimony of Dr.R.Dayal PW-10, that the deceased had informed him that the appellant had poured kerosene oil on her and thereafter set her on fire is trustworthy; that the evidence of Shashi PW-1 to the effect she had seen the appellant descend from the floor where the room where the deceased was found burnt was situated, soon after the occurrence, is a circumstance which strongly points towards the guilt of the appellant.

5. Machinery of law was put into motion when Const. Rishipal PW-17, duty constable at GTB Hospital, informed the duty officer at police post Mandawli that a lady named Rekha has been admitted in the hospital in a burnt condition by her husband Gokul, based whereon, SI Keir Singh recorded DD No.22, Ex.PW-18/A at 12.15 P.M. on 13.11.98; noting the said information.

6. Taking along a copy of the afore-noted DD Entry, SI Vijay Pal PW-16, accompanied with Const. Narayan Singh PW-14, went to GTB hospital where they were informed that the deceased is fit for making a statement. No eye witness was found present at the hospital. SI Vijay Pal telephonically contacted Mr.Ravi Dhadich PW-3, Sub-Divisional Magistrate, and requested him to come to the hospital for recording the statement of the deceased, whereupon Ravi Dhadich reached the hospital and started recording the statement Ex.PW-3/A of the deceased. However, the deceased was not able to make a complete statement and the same i.e. Ex.PW-3/A remains an inchoate statement.

7. Thereafter SI Vijay Pal PW-16 and Const. Narayan Singh PW-14, proceeded to the spot where Rekha was burnt. From the place of the occurrence, SI Vija

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