For ascertaining evidentiary value of dying declaration certain factors have to be taken in to account.

P.Sathasivam, J.: The appellant is the accused in Sessions Case No.147 of 2000 on the file of Principal Sessions Judge, Coimbatore. He was charged to an offence punishable under Sec.302, I.P.C. and after trial, the learned Sessions Judge found him guilty for the offence charged and sentenced him to undergo life imprisonment.

2. The case of the prosecution is briefly stated hereunder:

(a) The deceased, by name, was a resident of Oottupettai near Coonoor and she was married to one Govindarajan about seven years ago. Since the said Govindarajan had undergone family planning operation, she parted with his company and returned to her parent’s house at Coonoor. About six months prior to the occurrence, she came to Mettupalayam and by doing cooli work, she was staying with her relatives. While so, she fell in love with one Paramasivam (accused) and married him and was living in Thilakavathi’s (P.W.1) house. Paramasivam was a drunkard and used to scold his wife, Rani. There were frequent quarrels between them. P.W.1 and P.W.4 advised them not to quarrel with each other. On 26.12.1998, at about 10.30 p.m. the accused Paramasivam, in a drunken mood, came to his house and had a quarrel with his wife Rani and finally, poured kerosene on Rani and set her fire and Rani sustained burn injuries all over her body. She came out with the burn injuries. P.W.1 saw Rani with burn injuries, with the help of burning street light. P.W.1 also saw the accused with burn injuries. Rani informed P.W.1 that her husband poured kerosene on her and set her fire and rushed to the hospital by engaging an auto-rickshaw of P.W.3. The accused left the scene.

(b) On admission of the deceased Rani at the Government hospital, Mettupalayam, the hospital authorities intimated the same to the police. On receipt of the information from the hospital authorities, the Head Constable attached to Mettupalayam Police Station visited the hospital and recorded the statement of Rani, Ex.P.14 and returned to the police station at 2.00 hours on 27.12.1998, and registered a case in Crime No.608 of 1998 under Sec.307, I.P.C. He prepared printed F.I.R. Ex.P.15 and sent the same to the Judicial Magistrate Court and higher officials for taking further action. In the meantime, the accused went to the Government hospital, Mettupalayam along with P.W.2 and took treatment for his burn injuries from P.W.13 Doctor. The injured Rani was referred by P.W.13 to C.M.C. Hospital, Coimbatore for further treatment. P.W.8 admitted her in the C.M.C.Hospital, Coimbatore as in-patient and issued Ex.P.5 Accident Register Extract.

(c) On receipt of F.I.R., P.W.14 Investigating Officer visited the scene of occurrence at 6.00 a.m. on 27.12.1998 and prepared Observation Mahazar Ex.P.6 in the presence of P.W.9 Saravana Kumar and one Shanmugam. He also prepared a rough sketch Ex.P.16. At about 7.15 a.m. he seized M.O.1 brown colour bottle containing kerosene; M.O.2 burnt blouse piece; M.O.3 mat; M.O.4 series burn match sticks; M.O.5 match box and M.O.6 burnt saree under Mahazar Ex.P.7 in the presence of the same witnesses. He also obtained statements from P.W.1, P.W.2, Raju, Augustin, Abubacker (P.W.4), Murugan, etc. He went to C.M.C.Hospital at Coimbatore and obtained statement Ex.P.17 from Rani. He also obtained statement from the accused Paramasivam who was taking treatment at the Government hospital, Mettupalayam for his burn injuries. P.W.11 doctor gave requisition to P.W.10 Judicial Magistrate to record dying declaration of Rani; on 27.12.1998 at 4.05 a.m. On that basis, P.W.10 went to C.M.C.Hospital, Coimbatore at 4.15 a.m., and found that Rani was conscious. P.W.11 Doctor certified that Rani was conscious. Then P.W.10 recorded the dying declaration of Rani. P.W.10 read over the statement made by Rani and she accepted the same to be correct. P.W.10 obtained the impression of her left big toe in the dying declaration, since she suffered burn injuries in both her hands. Ex.P.8 is the dying declaration and other

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