The importance of corroborated evidence and the duty of the prosecution to conduct fair and honest investigations.

Kailash Gambhir, J.

1. The present Criminal Leave to Appeal has been preferred by the petitioner/State under Section 378 (4) Cr.P.C. to challenge the judgment dated 17.12.2011 passed by the learned Additional Sessions Judge, FTC, New and South East District, Patiala House Courts, Delhi thereby acquitting the accused persons of the charges framed against them under Sections 498A/302/34 IPC.

2. The facts and circumstances which gave rise to the registration of the case against the accused persons as per prosecution are that on 23rd August, 2002, an information vide DD No.29 was recorded in PP Madangir at about 11.05 p.m. that the in-laws had burnt their daughter-in-law to death (Sasural walo ne bahu ko jalakar maar dala) at H.No.B-128 Shiv Park Near Khanpur. This DD was handed over to ASI Jaipal Singh who reached at the above address along with Constable Rajbir and Constable Dayanand where they came to know that one lady was removed to hospital in burnt condition. Leaving Constable Dayanand at the spot, IO reached the hospital and collected the MLC of deceased Smt. Jaswati. The IO recorded her statement after she was declared medically fit for giving her statement. In her statement, deceased Smt. Jaswati stated that she was married to Rajesh about ten years back and her father, mother-in-law, brother-in-law & sister-in-law used to harass her for demand of dowry. She also stated that her husband used to treat her properly. She further states that the light of her room was cut by her brother-in-law and when she came out of the room her sister-inlaw and brother-in-law poured kerosene oil on her body and her father and mother-in-law caught hold of her and brother-in-law lit fire to her body. She further stated that some neighbour took her to the hospital. This dying declaration of deceased Smt. Jaswati was proved on record as Ex.PW-23/B. Based on the said dying declaration, the IO prepared Rukka and got the FIR registered against the accused persons under Sections 498A/302/34 IPC. After completion of the investigation, challan under Sections 498A/302/34 IPC was filed in the Court. The charges were framed under the said provisions against the accused persons to which they pleaded not guilty and claimed trial. The prosecution examined as many as 28 witnesses. The statements of accused persons were recorded under Section 313 Cr.P.C. in which they had pleaded their innocence. In defence, the accused persons had examined four witnesses. After taking into consideration the testimonies of prosecution witnesses, defence witnesses and the material placed on record, the Additional Sessions Judge had passed a detailed order thereby acquitting all the accused persons from the charges framed against them. Feeling aggrieved by the said order of acquittal, the petitioner/State has approached this Court to seek leave to appeal to challenge the said order.

3. Addressing arguments in support of criminal leave to appeal, Mr.Rajesh Mahajan, Additional Standing Counsel for State, contends that the learned Trial Court failed to properly appreciate the evidence on record and wrongly arrived at the decision of acquitting the accused persons. Learned counsel further contends that the dying declaration of the deceased proved on record as Ex.PW-23/B recorded by ASI Jai Pal Singh PW-23 was sufficient to convict the respondents but the learned Trial Court has discarded the said dying declaration of the deceased without properly appreciating the legal position. Learned counsel further submits that the said dying declaration Ex.PW-23/B was recorded by PW-23 upon proper certification of fitness being granted by the attending doctor and the said certificate of fitness was duly proved on record in the evidence of PW-18. Learned counsel states that the said witness PW-18 in his deposition stated that the whereabouts of the said attending doctor were not known to him. Learned counsel also argued that the learned Trial Court erred in not relying on the ocular te