The reliability of a dying declaration and its admissibility as the sole basis for conviction without corroboration.

KADER J.

Fifty-year old Baby alias Varghese, the appellant herein, has been convicted and sentenced to imprisonment for life under Section 302 I.P.C. for the murder of Abraham, his brother-in-law (sister's husband) by stabbing him with M.O. I. dagger. The occurrence took place on the pathway running east to west leading to the river situated near the house of the appellant and was at about 8 p.m. on April 5, 1979.

2. Leela, sister of the appellant was married to Abraham, the deceased. Abraham was ill-treating Leela and making her life miserable. On account of this, the appellant was inimically disposed towards Abraham. Thomas (P.W. 4), brother of Abraham, who was residing at Otakkayam in the neighbouring District had come for a short visit to the house of his brother and was there on the date of occurrence. Some time prior to the occurrence, Skaria (P.W. 1) who is residing near the house of Abraham paid a visit to the house of Abraham to meet PW. 4 knowing that he had come there. Abraham who was there in the house, told PW. 1 that PW. 4 had gone out and would return only late in the night and also offered to accompany P.W. 1 to the house of Kunju where P.W. 4 had gone. Therefore, both Abraham and P.W. 1 proceeded to the house of Kunju. But on reaching there they were told that P.W. 4 and Kunju had gone out to the nearby river for taking their bath. P.W. 1 and Abraham then proceeded to the river side along the pathway leading to the river. When they reached near the house of the appellant, the appellant came out of his house with a dagger and asking him whether he had not ill-treated and threatened to kill the appellants sister, stabbed Abraham thrice with the dagger. Seeing this P.W. 1 raised a hue and cry and some persons residing in the neighbourhood and also P.W. 4 came running. The appellant then went back to his house with the dagger. Abraham was immediately removed to the Medical College Hospital, Calicut, where, while under treatment, he died at 11.35 p.m. on the same day. P.W. 1 went to the Tamarassery Police Station and laid the first information statement, Ext. P1, at 11.15 a.m. on the next day which was recorded by the Sub-Inspector of Police (PW. 10) who registered a case on that basis and on reaching the hospital held inquest over the dead body under Ext. P. 11, inquest report. Assistant Professor of Forensic Medicine held autopsy over the dead body and issued Ext. P. 9, post-mortem certificate. Taking up investigation into the case P.W. 11 Circle Inspector of Police, inspected the place of occurrence, prepared scene mahazar and questioned witnesses. On April 16, 1979, at 9.30 a.m. the appellant surrendered before P.W. 11 and produced M.O. 1 dagger which was taken into custody under mahazar Ext. P. 4.

3. The plea of the appellant was one of complete denial.

4. The death of Abraham as a result of the injuries sustained by him on the date of occurrence is a fact not in dispute and is amply proved by the evidence of P.Ws. 8, 9 and 10 and Exts. P. 9 and P. 11. During autopsy, there incised injuries, four contused abrasions and two abrasions were noticed on the dead body of Abraham and these have been described in detail as injury Nos. 1 to 9 in Ext. P. 9. Injury No. 1 is an incised oblique wound 3.5 x 0.5 x muscle deep, while Nos. 8 and 9 are vertical stab wounds. Injury No. 8 is a vertical stab wound 3 x 0.6 cm. on the front of left side of abdomen, with omentum protruding through the wound. Injury No. 9 is another vertical wound 4.5 x 2 cm. on the left flank of abdomen. Coils of small intestine were found protruding through the wound. Small intestine was found injured at six sites and large intestine at two sites. According to the doctor, injury Nos. 1, 8 and 9 could have been caused by stabbing with a weapon like M.O. 1 and injury Nos. 8 and 9 are sufficient in the ordinary course of nature to cause death and the injured died as a result of sustaining these injuries.

Whoever be the assailant, considering