The court emphasized the importance of trustworthiness in dying declarations and the prosecution's burden to prove the case beyond reasonable doubt, as well as the significance of material contradictions in the prosecution's case.

G.B. Shah, J.

1. The present appeal, under section 374 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 13/03/2000, passed by the learned Sessions Judge, Jamnagar, in Sessions Case No. 111 of 1993, whereby, while acquitting the appellants - original accused for the offence punishable under Section 305 of the Indian Penal Code, 1860 (for brevity, 'the IPC'), they have been convicted for the offence punishable under Section 306 of the IPC and sentenced to undergo rigorous imprisonment for five years and fine of Rs. 500/- each and in default of payment of fine, to undergo, further simple imprisonment for three months.

2. Facts in nutshell of the prosecution case are that on 29/07/1989 at about 12:00 p.m. at village: Bedi, when the complainant was sitting outside her house, the appellants herein - original accused, in aid and abetment of each other, allegedly in furtherance of their common intention, made illicit demand to the deceased complainant and threatened her to kidnap if she would deny. Due to the said threat, the complainant committed suicide by setting her ablaze by pouring kerosene. Thus, the appellants - accused committed the offence alleged against them, for which, a complaint came to be lodged for the offences punishable under Sections 305, 34 and 114 of the IPC. For the sake of convenience, the parties are referred as per their original status.

2.1 Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Sessions Court, it was committed to the Sessions Court, Jamnagar. The trial Court framed charge against the accused, which was read over to them. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution produced oral as well as documentary evidence. In order to bring home the charge against the accused, the prosecution has examined in all 16 witnesses and also produced several documentary evidence. At the end of the trial, after recording the Further Statements of the accused under Section 313 of Code and hearing arguments on behalf of prosecution and the defence, the learned trial Judge concluded as aforesaid by the impugned judgment and order, giving rise to prefer the present appeal.

3. Heard learned advocate Ms. Dhwani Lakhani for Mr. P.M. Lakhani, the learned advocate for the appellants - original accused and Mr. K.L. Pandya, the learned Additional Public Prosecutor for the respondent - State.

3.1 Ms. Lakhani, the learned advocate for the appellants - accused submitted that the trial Court has committed a grave error in convicting the accused for the offence punishable under Section 306 of the IPC. It was contended by her that the impugned judgment and order of the trial Court is against the provisions of law; the trial Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself, it is established that the prosecution has failed to prove the whole ingredients of the offence alleged against the present appellants - accused. She took this Court through the oral as well as the entire documentary evidence on record and mainly contended that there are material contradictions in the versions of the deceased complainant in the Dying Declarations and the complaint given by her and the learned trial Judge has committed a grave error in convicting the accused relying on the said versions of the deceased which are totally untrustworthy and unbelievable. Moreover, though available, the prosecution has not examined any independent witnesses and the witnesses available, are the interested witnesses, whose evidence cannot be the sole basis for conviction. Besides, the story put forward by the prosecution itself is not believable as a trivial issue is stated to be culminated in such an incident. Moreover, there is nothing on record to show any attempt had been made by the accused in fur