Point of Law : Hostility of witnesses of fact cannot demolish the value and reliability of the dying declaration of the deceased, which has been proved by prosecution in accordance with law and is a truthful version of the event that occurred and the circumstances leading to her death.

JUDGMENT :

Ajai Tyagi, J.

1. This appeal has been preferred against the judgment and order dated 7.1.2020, passed by the learned Additional Sessions Judge, Court No.5, Jhansi, in Session Trail No.55 of 2016 State of UP vs. Amar Dayal Sahu arising out of Case Crime No.202 of 2015 under Section 302 IPC, Police Station-Lahchura, District-Jhansi, whereby the appellant is convicted and sentenced for the offence under Section 302 IPC for life imprisonment with a fine of Rs.60,000/- and in default of payment of fine, further imprisonment for one year.

2. The brief facts of the case are that first information report of this case was registered on the basis of application moved by complainant, father of the deceased, through the application under Section 156 (3) Cr.P.C. in which it is stated that complainant’s daughter, namely, Jaikali got married with accused Amar Dayal Sahu about 7-8 years before the occurrence. They had two children. Amar Dayal Sahu had illicit relationship with one Kiran Sahu, which was bone of contention between husband and wife and the accused always got support of his family members. All of them were harassing his daughter and were giving life-threats. His daughter used to disclose all that matter with him, his wife and relatives. He tried to convince the accused so many times, but accused and his family members did not mend the ways. On 12.5.2015, his daughter Jaikali was in her matrimonial home then mobile phone of accused was rang up, which was took up by his daughter. Accused snatched his mobile from her and abused and gave beating to his daughter. He locked her in the room and in the morning at about 5:00 a.m., on 13.5.2015 accused Amar Dayal Sahu with the help of his family members poured kerosene oil on his daughter and set her on fire with the intention to kill her. Consequently his daughter sustained serious burn injuries. She was admitted in hospital and during treatment on 24.5.2015, she succumbed to injuries.

3. On the basis of above application under Section 156 (3) Cr.P.C., a Case Crime No.202 of 2015 was registered under Section 302 IPC at Police Station-Lahchura, District-Jhansi. SI Sundar Lal took up the investigation. During the course of investigation, he recorded the statements of witnesses, prepared site-plan. Victim’s dying declaration was recorded by Priti Jain-Nayab Tehsildar. After the death of the victim, inquest report was prepared and dead body was sent for post mortem. Dr. S.N. Kanchan conducted the postmortem and prepared report. After completing the investigation, Investigating Officer submitted charge-sheet against the appellant Amar Dayal Singh under Sections 302, 323, 504, 506 IPC. The case being triable exclusively by the court of session, was committed by competent Magistrate to the court of session. Learned Trail Court framed charges against the appellant under Section 302 IPC. Accused denied the charge and claimed to be tried.

4. Prosecution examined following witnesses:

5. Apart from aforesaid witnesses, prosecution submitted following documentary evidence, which was proved by leading the evidence :

6. Deceased was hospitalised just after the occurrence took place and she died afte