A dying declaration can serve as the sole basis for conviction if it is credible and corroborated, emphasizing its legal admissibility in murder cases.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. I.A. Talukdar, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam appearing for the State respondent.

2. This appeal is preferred by appellant Smti. Moni Mazumdar @ Champa Mazumdar, assailing the judgment and order dated 10.06.2019 passed by the Additional Sessions Judge, First Track Court, Hojai in Sessions Case No. 16 (N)/2017 by which the appellant along with two others, namely - Sri Mohan Biswas and Smti. Shyamoli Biswas have been convicted under Section 302 of the Indian Penal Code, 1860 for committing the murder of deceased Rubi Pandit and sentenced to undergo Rigorous Imprisonment for life and a fine of Rs.2 0,000/- (Rupees twenty thousands) only each and in default, to suffer Simple Imprisonment for four (4) months. The accused persons have also been sentenced to undergo Rigorous Imprisonment for one (1) year for the offence under Section 448 of the Indian Penal Code, 1860. The sentences to run concurrently.

3. The case set up by the prosecution, in brief, is that an ejahar was lodged by one Sanjay Pandit (PW-1) on 18.08.2014 at 5:00 P.M., alleging that on 18.08.2014 at around 8:30 A.M. there was a quarrel between the accused persons and his sister-in-law (deceased Rubi Pandit) regarding laying eggs of a hen. Subsequently, the accused persons, in absence of his brother, entered into the house of the victim Rubi Pandit and set her ablaze by pouring kerosene oil. In order to save her life, his sister-in-law (deceased Rubi Pandit) jumped into a nearby pond. Upon hearing deadly scream, the neighboring people came to the place of occurrence and lifted her from the pond and took the victim to Jugijan PHC for treatment and thereafter, the attending Doctor referred the victim to the Gauhati Medical College and Hospital (GMCH) for better treatment, where she breathed her last. The informant also stated that his sister-in-law (deceased Rubi Pandit) has stated the names of the accused persons before the Doctor and the Police.

4. On receipt of the said ejahar, an FIR was registered being the Hojai Police Station Case No. 400/2014, under Section 448/302/34 of the Indian Penal Code, 1860. The dying declaration of the victim was recorded by the attending Doctor. The Investigating Officer recorded the statement of the witnesses. The accused persons were interrogated by recording their statements. Accused Smti. Shyamoli Biswas confessed her guilt at the time of examination and forwarded all the accused persons to jail custody.

5. On 19.08.2014, the Investigating Officer got the information about the death of victim Rubi Pandit at Guwahati. The Investigating Officer also recorded the statement of the witnesses, namely, Pijush Pandit, Smti Sikha Pandit, UBC Ajit Barman and GNM M. Gita Devi, who were present at the time of recording the dying declaration of the victim Rubi Pandit. The Investigating Officer collected the copy of the dying declaration as well as the post mortem report and after completion of the investigation, the Investigating Officer has filed the charge sheet against the accused persons, namely, Smti. Moni Mazumdar @ Champa Mazumdar, Sri Mohan Biswas and Smti. Shyamoli Biswas, under Sections 448/302/34 of the Indian Penal Code, 1860 on 19.11.2014.

6. The Judicial Magistrate, First Class at Hojai committed the case for trial to the Court of Sessions, Nagaon, who subsequently transmitted to the Additional Sessions Judge, First Track Court, Hojai.

7. On appearance of the accused persons based on the Charge sheet, charges under Sections 448/302/34 of the Indian Penal Code, 1860 were framed against the accused persons and the contents of the charges were read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried. The matter went up for trial.

8. During the course of trial, the prosecution has examined in all thirteen (13) witnesses. The statement of the accused persons under Section 313 of the Code