IMPORTANT POINT : No reliance can be placed upon dying declaration which is doubtful in nature.

JUDGMENT :

Rajnesh Oswal, J.

This appeal is directed against the judgment of acquittal dated 25.07.2007 delivered by the learned 3rd Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) in file No. 24/challan, titled, “State of J&K vs Satya Devi and another”, for commission of offences under sections 302 and 498-A RPC arising out of FIR No. 53/2005 of Police Station, Khour, whereby the respondents have been acquitted of the charges for commission of aforementioned offences.

2. The appeal has been preferred on the ground that the learned trial court has not appreciated the evidence in its right perspective as the prosecution had successfully proved the allegations levelled against the respondents by leading oral as well as documentary evidence, that was sufficient to establish the guilt of the respondents.

3. Mr. Amit Gupta, learned AAG appearing for the appellant vehemently argued that the prosecution had proved the dying declaration of the deceased and that was alone sufficient to convict the respondents.

4. On the contrary, Mr. Mandeep Singh, learned counsel for the respondents submitted that the dying declaration allegedly made by the deceased was not proved by the prosecution and even the parents and other relatives of the deceased did not support the prosecution case.

5. Heard and perused the record.

6. The prosecution story is that FIR bearing No. 53/2005 for commission of offences under section 307 and 498-A RPC was registered at P/S Khour on 06.10.2005 when report No. 4 was produced by the SPO Surjeet Singh from Police Post, Pargwal. In the report, it was mentioned that statement of one Babita Devi wife of Bachan Singh R/o Hamirpur, Akhnoor was recorded at GMC, Jammu by the Head Constable Madan Lal who was deputed to record her statement after the Police Post, Pargwal received the information that she was admitted in burnt condition in the hospital. The injured Babita Devi has stated that she got married five years ago and was having a son of 8 months of age. Her husband was a teacher. On 02.10.2005 at around 10-11 AM, she was preparing meals and in the meanwhile, the respondents entered the kitchen and started quarrelling and abusing her. They were asking her to bring Scooter from her father and it continued for quite a long time. As she was fed up, she came out from the kitchen and went in the store. The respondents also followed her to the store and closed the door from inside. Her mother-in-law-Satya Devi came from behind and poured kerosene upon her head with the container and ignited the match-stick. They opened the door and went outside and thereafter, locked the door from outside. She got burnt but the in-laws started shouting outside that their daughter-in-law has burnt herself. Her father-in-law Charan Dass came and with the help of a blanket doused the fire. She became unconscious and she does not know as to who brought her to the hospital. The investigation commenced and the Investigating Officer reached on spot, prepared the site plan and also prepared seizure memos of plastic container, blanket and dupatta. The injured died on 10.10.2005 and thereafter offence was converted to section 302 RPC. The accused were arrested and after conclusion of the investigation, charge sheet for commission of offences under section 302 and 498-A RPC was filed against the respondents on 03.12.2005. The respondents were charged for commission of offences under section 302 and 498-A RPC vide order dated 07.01.2006. The prosecution was directed to lead evidence as the respondents did not plead guilty. After the conclusion of the prosecution evidence and hearing both the parties, the trial court vide judgment impugned acquitted the respondents.

7. A perusal of the prosecution case reveals that whole of the prosecution case in fact is based upon dying declaration made by Babita Devi wife of Bachan Singh on 05.10.2005. A perusal of the dying declaration reveals that the same was attested by PW-6 Dr. Ash