A dying declaration can serve as the sole basis for conviction and does not require corroboration or a doctor's certification of the declarant's mental state if it inspires confidence in the court.

Headnote:(A) Indian Penal Code - Section 302 - Criminal Appeal - Acquittal - Appeal against acquittal of sole accused in uxoricide case - Trial Court acquitted accused due to material witnesses turning hostile and lack of corroboration - Dying declaration of victim held vital. (Paras 1, 4, 5, 21)

(B) Dying declarations - Legal principle - Acceptance of dying declarations does not necessitate doctor’s certification of fitness; subjective satisfaction of the Magistrate suffices - Reliable dying declarations can be sole basis for conviction without corroboration. (Paras 10, 14, 20)

Facts of the case:
The case involves the appeal against the acquittal of a husband charged with the murder of his wife, who was allegedly set on fire after a quarrel. The absence of supporting witnesses led to the initial acquittal. (Paras 1, 2, 7)

Findings of Court:
The trial Court's reliance on witnesses turning hostile and the dismissal of the dying declaration as uncorroborated were found to be erroneous and not aligned with established legal principles regarding dying declarations. (Paras 20, 21)

Issues: The key issue was whether the evidence, especially the dying declaration of the victim, can be regarded as definitive against the accused despite the trial Court's contrary finding. (Paras 3, 19)

Ratio Decidendi: The appellate court determined that the dying declaration should be accepted as evidence given the absence of conclusive evidence from the accused regarding the circumstances of the death, supporting the presumption of guilt. (Paras 10, 20)

Result: Appeal allowed, conviction for murder established, trial Court’s acquittal overturned.

JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. This appeal is preferred against the judgment dated 2.5.2013 passed in Sessions Case No.58 of 2012 on the file of the learned Third Additional Sessions Judge, Kheda at Nadiad, whereby the sole accused-respondent was acquitted of the charge under Section 302 of the INDIAN PENAL CODE .

2. Facts germane to dispose of this appeal may briefly be stated as follows:-

2.1 It is the case of uxoricide. As per the prosecution case, Rakshaben is the legally wedded wife of the accused (hereinafter referred to as “the deceased”). Their marriage was solemnized about seven to eight years back, prior to the date of offence. They were blessed with one son by name Prakash, aged about two and a half years, during their lawful wedlock. Both the accused and the deceased, who is the wife of the accused, are living along with their son under one roof in one house in the Village-Moti Timbli, Taluka-Mahemadavad.

2.2 While they were living together, it is stated that, on 9.4.2012, the accused demanded her to give her silver ornaments for the purpose of taking alcohol at about 5 p.m. on that day. It appears that when she refused to give her silver ornaments that there was some quarrel between both of them, and the accused beat her. When she tried to run away from the house, he caught hold of her and has taken kerosene tin, which is available in the house, and poured kerosene on his wife and set her ablaze and ran away from the house. The sister of the deceased examined as PW-1, is their neighbour. As the deceased and his sister, PW-1, married two brothers, i.e. the accused and his own brother, they are living in side by side houses. So, on hearing the shouts of the deceased, who was in flames, it is stated that, PW-1 immediately reached the house and extinguished the fire of her sister and, thereafter, she and her husband took her to Maha Gujarat Hospital. Treatment was given to her in the said hospital on 9.4.2012 itself. On the next day, i.e. on 10.4.2012, on the intimation given by the hospital authority, police reached the hospital and recorded the statement of the victim. She has given a detailed account in her statement as to how she sustained burn injuries. She stated clearly as to how she was beaten and how she was set ablaze by the accused, stating that on the evening of 9.4.2012, the accused demanded her to give him silver ornaments for the purpose of consuming alcohol and when she refused to give the same that the accused started beating her and when she tried to run away from the other side door of the house, that he caught hold of her and brought her back into the house and, thereafter, poured kerosene on her and set her ablaze and that PW-1 came and extinguished the fire on her. The police registered the said statement of the victim as an FIR initially for the offence punishable under Section 307 of IPC. On the same day, i.e. on 10.4.2012, on the requisition given by the hospital authorities, the Executive Magistrate examined as PW-8, reached the hospital and recorded the dying declaration of the victim. In her dying declaration also, she stated that the accused beat her and poured kerosene on her and set her ablaze.

2.3 After treating her in Maha Gujarat Hospital, as her condition was serious, she was referred to Civil Hospital, Ahmedabad, one week thereafter i.e. on 17.4.2012. PW-6 treated her in the said hospital and opined on 17.4.2012 that her condition was serious. She was treated in Civil Hospital, Ahmedabad, from 17.4.2012 to 23.4.2012 and on 23.4.2012, it is stated that she was taken away from the hospital by her family members against medical advice and that again she was brought to the hospital on 26.4.2012 in a serious condition and on that day, she died due to septic burn injuries. After receiving her death intimation, police altered the FIR from offence punishable under Section 307 of IPC to an offence punishable under Section 302 of IPC. After inquest was held over her dead-body, au