The admissibility and reliability of dying declarations as evidence in criminal cases, especially in establishing guilt under Section 302 of the Indian Penal Code.

1. - By judgment dated 15.4.2005 learned Additional Sessions Judge No. 3, Udaipur convicted the accused appellant for the offence punishable under Section 302 Indian Penal Code and sentenced him to undergo life term imprisonment with a fine of Rs. 1000/-. In the event of default in payment of fine, the accused appellant is made liable to undergo one month's simple imprisonment.

2. Factual matrix necessary to be noticed is that on 21.2.2004 at about 07:45 PM a statement made by Smt. Kailashi wife of Pushkarlal at Bed No. 9, Burn Ward, Maharana Bhupal Hospital, Udaipur, was reduced in writing by Head Constable Ram Singh of Police Station Sayara. As per the statement made by Smt. Kailashi, she entered into a wedlock at the instance of her father with Bherudas in quite young age, but she was not sent to her in-laws house. She then got married with Pushkarlal son of Mohandas Ranga Swami, resident of Diyan. Smt. Kailashi was staying with her father at Bagdunda. However, about 15 days earlier to the date of making statement she was taken to Diyan by Pushkarlal. In the morning of fateful day in-laws of Smt. Kailashi went to Sayara and at about 04:30 PM her husband Pushkarlal came to home after consuming some liquor. Pushkarlal stated that he do not want to keep Kailashi with him. He then gave beating to Kailashi and after pouring kerosene put her on fire. He also closed the door and did not open the same even on cry made by Kailashi for help. Several people then rushed to the spot and bring her out after breaking the door. While undergoing treatment, Kailashi died, thus, on basis of the statement reduced in writing a case was lodged and investigation commenced.

3. The investigating agency after completing the investigation, submitted a report as per provisions of Section 173 Cr.P.C. to the competent court, however, being a case session triable the same was committed to the court of Sessions. The Sessions court framed charge against accused Pushkar Das @ Ramesh for commission of offences punishable under Sections 498-A and 302 Indian Penal Code. On denial of the same, trial commenced as desired.

4. During the course of trial statements of 19 witnesses (PW-1 to PW-19) were recorded and several documents prepared during the course of investigation were exhibited. An opportunity was given to the accused appellant to explain the adverse and incriminating circumstances appearing in the prosecution evidence. The accused appellant termed the same as false with assertion that he was implicated in the case concerned due to vengeance. No evidence in defence was adduced.

5. The trial court after hearing learned Public Prosecutor and counsel for the accused appellant held the accused guilty for commission of an offence punishable under Section 302 Indian Penal Code, however, acquitted him from the charge pertaining to commission of offence punishable under Section 498A Indian Penal Code.

6. In appeal, the argument advanced by learned Amicus Curiae is that the instant one is a case of no evidence. It is asserted that the conviction of the accused appellant is based on the dying declaration that was made by Shri Ram Singh (PW-10) Head Constable of Police Station Sayara. As per learned counsel, such dying declaration is not at all acceptable to settle a conviction for the severest offence of murder.

7. On the other hand, submission of learned Public Prosecutor Shri Kalyan Ram Bishnoi is that the dying declaration made before Shri Ram Singh is treated and is free from any effort to prompt the deceased to make a statement, as such, there is no legal impediment in founding the conviction on such dying declaration. It is further submitted that deceased Smt. Kailashi was knowing accused Pushkar and disclosed his involvement in the crime at first available opportunity and the court after examining the same arrived at the conclusion that the dying declaration was truthful version and recorded conviction. Such definite dying declaration was rightly accept