JUDGMENT

Vinit Kumar Mathur, J. - The present criminal appeal has been preferred by the accused-appellant against the judgment and order of conviction dated 05.06.2015 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bhilwara in Sessions Case No. 39/2012 whereby the accused-appellant was convicted for the offence under Section 302 of I.P.C. and sentenced to undergo imprisonment for life with fine of Rs. 5,000/- and in default of payment of fine to further undergo six months additional simple imprisonment.

2. The prosecution story as revealed in the dying declaration of Smt. Kanku (Ex.P/18) recorded by Ramratan, A.S.I., Police Station Banera (P.W. 19) while she was undergoing treatment in the Female Burn Ward of Mahatma Gandhi Hospital, Bhilwara is that she was married to the accused Dhanna Lal for last about 15 years. From the wedlock, she had one son and three daughters. The elder daughter Chanda was 14 years of age and younger to her was Vimla, 12 years of age. Her daughter Jasoda and son Bablu were twins. Her maternal home was at Dhudhala and the name of her mother was Smt. Harku. She was having one brother, namely, Narayan. On 30.01.2012 at around 7.00 P.M., she was preparing the bed. Her husband Dhanna Lal abused and poured kerosene upon her from a jerrycan. While she was trying to escape, he ignited fire with a matchstick resulting her clothes catching fire. Because of the burn injuries, she became unconscious. She was not aware who called the ambulance and took her to the hospital. Her husband quarrelled with her as she used to talk on mobile.

3. On this parcha bayan, a formal F.I.R. No. 12/2012 was registered at Police Station Banera, District Bhilwara for the offences under Sections 307 & 323 of I.P.C. against the accusedappellant. During the course of investigation, the victim Smt. Kanku died and therefore, the police added Section 302 of I.P.C. in the matter and arrested the accused-appellant on 01.02.2012.

4. After conclusion of investigation, the police filed chargesheet against the accused-appellant for the offence under Section 302 of I.P.C.

5. Learned trial court framed, read over and explained the charge for the offence under Section 302 of I.P.C. to the accusedappellant, who pleaded not guilty and sought trial.

6. During the trial, the prosecution examined as many as 20 witnesses and exhibited 24 documents in support of its case.

7. The accused-appellant was examined under Section 313 of Cr.P.C. and he was confronted with the evidence adduced against him during the course of trial, which he denied and stated that he has been falsely implicated in the case because of enmity. He has not committed any crime and is innocent. The accused-appellant got examined D.W. 1 - Dr. Vinod Kumar Jeengar and D.W. 2 - Chanda in his defence.

8. Learned trial Court, after hearing the arguments from both the sides, convicted and sentenced the accused-appellant as above vide judgment dated 05.06.2015. Hence this appeal.

9. We have heard the arguments advanced by learned counsel for the accused-appellant and the learned Public Prosecutor and have carefully and threadbare perused the entire evidence available on record.

10. Learned counsel Mr. Charan has fervently submitted that dying declaration (Ex.P/18) is not reliable and worth credence. He submits that there is no certificate of fitness by the duty doctor to the effect that the victim Smt. Kanku was in a fit state to make the statement. The prosecution has miserably failed to prove the reliability of the dying declaration (Ex.P/18) as there are too many contradictions in the statements of P.W. 19 - Ramratan and P.W. 20 - Dr. Ghanshyam. He, therefore, submits that it would not be safe to rely upon the dying declaration of Smt. Kanku (Ex.P/18) for convicting the accused-appellant for the offence alleged in the case.

11. Mr. Charan, learned counsel took us in detail through the statements of P.W. 19 - Ramratan and P.W. 20 - Dr. Ghanshyam. He submits that in the cross