A dying declaration can support a murder conviction if recorded properly and inspires confidence, irrespective of corroboration, considering the surrounding circumstances.

JUDGMENT :

R. SAKTHIVEL, J.

1. This Criminal Appeal is preferred by the appellant assailing the 'Judgment dated 27.10.2022' [for the sake of convenience and clarity, hereinafter referred to as 'impugned Judgment'] passed by the 'Principal Sessions Court, Tirunelveli' [for the sake of convenience and clarity, hereinafter referred to as 'Trial Court'] in Sessions Case No. 385 of 2021 in which the appellant [for the sake of convenience and clarity, the appellant is called Accused as described before the Trial Court] was convicted for the offence punishable under Section 302 of 'The INDIAN PENAL CODE ' [for the sake of convenience and clarity, hereinafter referred to as 'IPC'] and sentenced to undergo Rigourous Imprisonment for Life and also ordered to pay a fine of Rs.5,000/-, in default thereof, to undergo Rigourous Imprisonment for a further period of 4 years.

2. The case of the prosecution, in brief, as follows:

For ease of understanding, the relationship between the deceased, accused and witnesses (P.W.1 to P.W.7) is depicted below in the form of a genealogical chart.

2.1. Deceased-Packiyaraj was the owner of a two-storey house (Door No.143/6), as well as two small tiled houses (Door Nos.144/6 and 145/6), both accompanied by vacant land surrounding them, collectively spanning 7 ¾ cents in Pallivasal Street, T Kallikulam. Decto Victor (P.W. 1) and Sabarai Anandhan (P.W.2) were residing in the two-storey house. The deceased was living in the tiled house (Door No.145/6) situated to the west of the two-storey building. Deceased and Accused, who are husband and wife, had a strained relationship for the past 15 years from the date of occurrence. They generally have food from P.W.1’s house. The deceased had intended to give the tiled houses along with the vacant land surrounding it to P.W.2 and the two-storey building along with the surrounding vacant land to P.W.1. The deceased denied the accused (wife) any property. Hence, the accused quarrelled with the deceased on 09.09.2019 when they were inside the tiled house (Door No.145/6). Mr.Rose Andro (P.W.7) – Son-in-law of them pacified the quarrel and then left the spot. Thereafter, when the deceased was lying down on bed, at about 10.00 a.m., the accused quarrelled again with the deceased, abused him using filthy language, poured kerosene over him and set him ablaze using a fire torch. The deceased ran out of the house raising alarm. P.W.1 to P.W.4 rushed there, put off the fire and took the deceased to a private hospital for first-aid and thereafter admitted him to Government Medical College Hospital, Tirunelveli at 12.05 p.m.

2.2. The duty doctor at the burn ward there, sent a requisition letter to the Judicial Magistrate for recording dying declaration. The Judicial Magistrate (P.W.20) received the said requisition letter at 1.45 p.m. while he was in Court and rushed to the burn ward and recorded the statement of the deceased at 2.00 p.m.

2.3 Special Sub-Inspector of Police (P.W.19) received intimation from the Government Hospital, Tirunelveli regarding the admission of the deceased upon which he went to the hospital and recorded the complaint statement at 5.00 p.m. from the deceased in the presence of P.W.1 obtaining P.W.1’s signature as a witness. Thereafter, he registered an FIR in Crime No.287 of 2019 under Sections 294(b) and 307 of IPC. The Inspector of Police (P.W.21) after receiving a copy of the FIR and the complaint, rushed to the place of occurrence and prepared Observation Mahazar (Ex.P.13) and Rough Sketch (Ex.P.14) in the