IMPORTANT POINT
A dying declaration, if made in a fit mental state and corroborated by witnesses, can be sufficient for conviction without the need for further corroboration, emphasizing the sanctity of such statements in murder cases.

JUDGMENT

Chittaranjan Dash, J.

The Appellant, namely Sidheswar Pradhan faced the trial on the charges under Section 302 of the Indian Penal Code (in short, hereinafter referred to 'IPC') before the learned Ad-hoc Addl. Session Judge, Fast Track Court, Phulbani for committing murder of his wife the deceased (hereinafter referred as 'the deceased') by setting her on fire by pouring kerosene over her body wherein, the learned court found him guilty in the offence charged as above, convicted and sentenced the Appellant to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 5000/- (Rupees five thousand), in default to undergo further Rigorous Imprisonment for six months.

2. The prosecution case, in brief, is that a written report was lodged with the Officer-in-Charge of Sarangada Police Station by Raji Pradhan, the father of the deceased, on February 26, 2009, at 4:30 p.m. The report alleged that the deceased had married the Appellant approximately five years' prior, according to the customs of their community. While they initially lived together peacefully, marital discord eventually arose. On February 26, 2009, Raji Pradhan received information from one Sukanta Pradhan, his grandson and residents of the same village that the Appellant killed the deceased. Following the incident, the deceased was taken to Sarangada for treatment by her sister Mashyafulla, her husband Saiba, and some co-villagers. The Medical Officer provided treatment and referred her to the District Headquarters Hospital in Phulbani. Since the accompanying persons had no money with them to carry the injured to the District Headquarters Hospital, Phulbani, they returned to the village to arrange funds, but she succumbed to her burn injuries on the way at around 4 a.m. Upon hearing this, the Informant immediately went to the village of the Appellant, confirmed his daughter's death, and subsequently lodged the written report at the police station. Upon receiving the FIR, the Officer-in-Charge of Sarangada Police Station registered the case vide Sarangada P.S. Case No. 10 dt. 26.02.2009 and commenced investigation.

3. In the course of the investigation, the Investigating Officer (I.O.) examined the informant and the scribe of the FIR (P.W.9). He instructed a constable to guard the spot where the deceased's body was kept. The I.O. visited the spot, examined witnesses, recorded their statements under Section 161 of the Cr.P.C., and seized incriminating articles including a piece of burnt saree, a plastic jerrycan containing kerosene, a broken matchbox, and half-burnt matchsticks found in the kitchen of the Accused-Appellant's house. The I.O searched for the Appellant but he couldn't be traced. Due to darkness, the I.O. could not conduct the inquest over the deceased's body that night.

4. The following morning, the I.O. conducted the inquest in the presence of witnesses and the Executive Magistrate, preliminarily determining that the deceased had sustained 90% burn, which resulted in her death. He recorded this opinion in the inquest report under Ext. 3 sent the dead body of the deceased for post-mortem examination. He continued to search for the Accused-Appellant but could not apprehend him that day. Subsequently, the I.O. seized the dying declaration recorded by the Medical Officer on the day of the incident, including the OPD register vide Ext. 9. He examined the Medical Officer (P.W.11) and the attendant (P.W.7) present during the recording of the dying declaration. After the autopsy, he seized the deceased's clothing. The I.O. apprehended the Accused-Appellant on February 28, 2009, and after his medical examination, he was forwarded to the court. The I.O. also examined additional witnesses connected to the case and recorded their statements. Later he handed over the charge of investigation to the Officer-in-Charge of the police station on his transfer, who forwarded the seized materials for chemical examination. After completion of the investigation, the Fin