IMPORTANT POINT
The admissibility, reliability, and evidentiary value of dying declarations, emphasizing the need for the declarant to be in a fit state of mind and the requirement for corroboration in cases of suspicion over their veracity.

1. The appellant Eby@Philip Ninan was prosecuted and tried before the Sessions Court, Kalpetta, Wayanad (for short, 'the trial court') for the offence punishable under section 302 of IPC on the allegation that he killed his 24-year-old wife Elsy (for short ‘the victim’) by setting her on fire.

2. The incident took place on 24/7/1997 at 8.00 p.m. at the house bearing No.TP-VIII/1008 of Thrissillery Grama Panchayat situated at Thrissillery, where the appellant and his wife, along with their two babies aged two years and six months, were residing. The prosecution case was that the appellant with the intention of killing the victim poured kerosene on her head and set her ablaze. The victim, who suffered serious burns all over her body, was rushed to District Hospital, Mananthavady and later transferred to Government Medical College Hospital, Kozhikode. The appellant, who also suffered burns, was admitted at the Medical College Hospital, Kozhikode, till 21/8/1997. The victim succumbed to the injuries while undergoing treatment at Government Medical College Hospital, Kozhikode, on 29/7/1997. The motive behind the crime was alleged to be the refusal by the victim to accede to the request of the appellant to sell the property and house where they were residing.

3. After a full-fledged trial, the trial court found the appellant guilty of the offence punishable under section 302 of IPC, mainly relying on the dying declaration given by the victim while she was undergoing treatment at the Government Medical College Hospital, Kozhikode. The appellant was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/-, in default to suffer rigorous imprisonment for one year for the offence punishable under section 302 of IPC. It is challenging the conviction and sentence; the appellant is before us.

4. As the appellant was not represented by his lawyer, Adv. M.M.Deepa. was appointed as crown counsel to render legal aid to him. We have heard the learned counsel for the appellant as well as Smt. Ambika Devi, the learned Special Public Prosecutor.

5. The oral testimony of PW1 Mariyam and PW2 Vasudevan, immediate neighbours of the appellant and his wife, would show that immediately after the incident, hearing hue and cry from the appellant’s house, they rushed to the house where they found the victim lying on the floor of the kitchen with burn injuries all over her body and the appellant was sitting on the steps of the kitchen. PW1 stated that while her husband tried to put off the flames, the victim asked for water, and she gave water to her. PW2 stated that shortly thereafter the victim was taken to a local hospital and from there to the Medical College Hospital, Kozhikode. He deposed that he accompanied the victim to both the hospitals. It has come out in evidence that on 29/7/1997 the victim breathed her last while undergoing treatment at Government Medical College Hospital, Kozhikode. The evidence of PW8 Dr.Prasannan K., who conducted the autopsy on the body of the victim would show that she had more than 90% burns and the death was caused due to those burns. Even the appellant did not dispute that the victim sustained burn injuries at the time and place of the incident. But his case is that those injuries were not sustained to the victim in the manner and fashion alleged by the prosecution, and he was not at all responsible for the injuries. According to the appellant, it was a case of self-immolation by the victim. It was contended that the victim sustained burn injuries when she attempted to set herself ablaze by pouring kerosene on her body following an exchange of words between her and the appellant regarding the rift between him and PW4. While he attempted to save her, he also suffered burn injuries which was reported to be 15%.

6. The evidence of PW4 Mary, the mother of the deceased Elsy, and PW13 Balan Kurungot, the IO, would show that the victim gave Ext. P3 FI statement to CW21 Thankachan, SHO of Thirunelli