Dying declarations can serve as the sole basis for conviction if deemed credible and voluntary, without requiring corroboration.

JUDGMENT :

ILESH J. VORA, J.

1. This criminal appeal preferred by the sole appellant-accused herein under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.” for short) is directed against the judgment of conviction and order of sentence dated 09.03.2016 passed by the learned 3^rd Additional Sessions Judge, Dahod in Sessions Case No.199 of 2013, by which the appellant has been convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.5000/- in default of payment of fine, to further undergo additional imprisonment for 3 months. The appellant-accused is also convicted under Section 436 of IPC and sentenced to undergo 2 years imprisonment and fine amount Rs.2000/-, in default of payment of fine, to further undergo imprisonment for 2 months. The court has directed that the sentences were to run concurrently.

2. Facts and circumstances giving rise to this appeal are as under:

2.1 The ppellant-accused Rasulbhai was having two wives and both the wives along with their respective children total in numbers 9, were residing in one roof at Village: Gulbar, Taluka: Garbada, Dist: Dahod. The deceased Kamlaben was the second wife and out of their wedlock, four daughters and one son was born out. The appellant-accused was doubting the character of the deceased Kamlaben and for the said reason, the matrimonial dispute arose between the parties and she was subjected to mental and physical harassment by the appellant-accused. Prior to the incident, there were an occasions for the deceased to leave her matrimonial home because of harassment meted out to her by the accused and upon intervention of the community persons and family, she agreed to live with the accused.

2.2 On 26.06.2013, the accused went to Village: Garbada and on the same day came back in the noon at about 12:00 p.m. The deceased was working the farm near the house. The accused called her and directed her to make tea. When the deceased was in preparation of the tea, the appellant-accused raising the dispute about her illicit relations with the neighbouring persons, poured kerosene oil from the plastic cane lying in the house and lit her on fire, as a result of which, she tried to ran away from the place but she could not succeeded and fell on the floor and due to flames of fire, the house was gutted into the fire. On account of said incident, relatives and neighbours were came over there and tried to extinguish the fire. On arrival of emergency 108 mobile van, she was taken to the Government Hospital, Dahod and due to worsen condition, the doctor referred her to higher centre at Vadodara, but, the relatives of the deceased admitted her in the private hospital at Dahod.

2.3 PW.1 – Abhaysingh Taviyad, PSI, Garbada Police Station received a vardhi from the police station and immediately he rushed to the hospital and in the presence of Medical Officer, he inquired from the deceased about the facts of the incident. The deceased Kamlaben in her statement before PW.1, stated that at about 12 o’ clock, the appellant- accused made allegation that she was having illicit relations with the neighbouring persons and raising the said dispute, he took the plastic cane and poured the kerosene oil and set her on fire. She has also stated that, due to said incident, her house also burnt and destroyed. She has also stated that, the relatives and neighbouring persons took her to Government Hospital and then she had been transferred to K.K. Hospital, Dahod for further treatment.

2.4 PW1 after recording the statement in the form of dying declaration, sent it to the Station Officer