The central legal point established in the judgment is the requirement for trustworthy and reliable oral dying declarations, absence of suspicious circumstances, and corroborative evidence to base a conviction under Section 302, IPC on dying declarations alone.

JUDGMENT

Mir Alfaz Ali, J. - Heard Ms. B. Sarma, learned Amicus Curiae for the accused-appellant and Ms. D. Bhuyan, learned Additional Public Prosecutor for the State respondent.

2. This jail appeal is directed against the judgment and order dated 26.02.2018 passed in Sessions Case no. 191/2013 by the learned Additional Sessions Judge (FTC), Hojai, whereby the accused-appellant was convicted under Section 302, Indian Penal Code (IPC) and sentenced to rigorous imprisonment for life and fine of Rs. 10,000/- with default stipulation.

3. The prosecution case unfolded during the trial, in brief, is that on 30.06.2006, the younger sister of the informant came home at about 10-30 o'clock at night with grievous injuries on her body. On being asked by the informant (P.W.1), the deceased told that the accused-appellant, who happened to be the 'Imam' of the Mosque, inflicted the injury. The victim succumbed to the injuries, immediately after disclosing about the assailant. The FIR (Ext.1) was lodged by P.W.1, Abdul Wajid, on the basis of which the police registered Murajhar Police Station Case no. 78/2006 under Section 302, IPC. During investigation, police visited the place of occurrence, seized some incriminating materials, recorded statements of the witnesses, sent the body for postmortem and on completion of investigation, laid charge sheet against the accused-appellant.

4. During trial, learned Additional Sessions Judge framed charge against the accusedappellant under Section 302, IPC, which was abjured by him. The prosecution examined 9 (nine) witnesses to substantiate the charge framed against the accused-appellant and on appreciation of evidence, the trial court convicted the accused-appellant and awarded sentence as indicated above.

5. Learned amicus curiae strenuously arguing for acquittal of the accused-appellant submits that the alleged statement of the victim treated to be dying declaration by the learned trial court was totally unreliable, and as such, the conviction and sentence of the appellant solely on the basis of such dying declaration is not sustainable.

6. On our assessment of the evidence, we also find that the learned trial court convicted the accused-appellant primarily relying on the oral dying declaration made by the deceased as deposed by P.W.1, P.W.2, P.W.3, P.W.4, P.W.5, P.W.6 and P.W.7.

7. P.W.1, the informant stated in his evidence that the accused-appellant visited his house at about 7-00 pm to enquire, whether the victim had brought a religious book which was denied by the victim. He further stated that at about 10-00 o'clock at night he found the victim coming home with her body smeared with blood. According to him, the victim told that the accused-appellant committed rape on her in the mosque and thereafter inflicted the injury by hacking her with "dao". During cross-examination, this witness stated that after taking meal, the victim went to sleep in her own room. However, after a while the mother of the victim informed P.W.1 that Mehana (victim) was missing. He also stated during crossexamination that initially he made search for Mehana and thereafter he slept. He also pleaded ignorance as to from which direction the victim came home at night.

8. P.W.2, brother of the P.W.1 also deposed in the same tune, that the accused-appellant visited their house at about 7-00 pm to enquire about a book, and when the victim stated that she did not bring the book, the accused left their house. He further stated that after the accused-appellant left their house, he was under the impression that the victim was in her room, however at about 9-00 pm, the victim returned home with injury on her body and on being asked by him, the victim told that the accused-appellant assaulted her and also tried to finish her off.

9. P.W.3 and P.W.4 stated that hearing hue and cry in the compound of the P.W.1, he came there and had noticed injury on the body of victim. Both the P.W.3 & P.W.4 further stated that on being asked by them, victim to