IMPORTANT POINT
The prosecution must establish guilt beyond reasonable doubt, particularly when relying on dying declarations that contain inconsistencies and lack corroborative evidence.

JUDGMENT :

Ashwani Kumar Mishra, J.

1. These appeals are directed against the judgment and order of conviction and sentence dated 8.3.2022, passed by the Additional Sessions Judge/Special Judge (E.C. Act), Mainpuri, in Session Trial No. 296 of 2016 (State Vs. Rani and another), arising out of Case Crime No.46 of 2016, Police Station Elaau, District Mainpuri, whereby the accused appellants Rani and Maor Singh alias Mohar Singh have been convicted and sentenced to life imprisonment alongwith fine of Rs.30,000/-, each, under Section 302/34 IPC and on failure to deposit fine to undergo additional rigorous imprisonment for one year; three years imprisonment alongwith fine of Rs. 5,000/-, each, under Section 452 IPC and on failure to deposit fine to undergo additional imprisonment for two months; and under Section 504 IPC to undergo one year imprisonment alongwith fine of Rs. 2000/-, each, and on failure to deposit fine to undergo one month additional imprisonment. All the sentences are directed to run concurrently.

2. Incident giving rise to this appeal occurred on 12.2.2016 when the informant had gone to Saifai Hospital for the treatment of his daughter leaving behind his wife at home. Informant’s wife had lost her eye-sight and she could not see. At about 4.00-4.30 pm, Rani W/o Maor Singh alongwith Maor Singh S/o Genda Lal; Ranjit S/o Taley Singh and Satyadeo S/o Balvir Singh on account of a previous fight between children and other enmity entered the house and started abusing informant’s wife. Informant’s wife could identify all these persons by their voice. It was at this stage that Rani with an intent to kill informant’s wife poured kerosene on her and accused Maor Singh lit matchstick and threw it upon the informant’s wife saying that as she hurls abuses so she should die, whereafter all the accused persons fled. Information about the incident was received by the informant while returning from Saifai and he rushed straight to District Hospital, Mainpuri. The incident was disclosed to the informant by the informant’s wife and none else was present at the spot. A written report was accordingly made to the police by the informant. This written report (Exhibit Ka-1) is the basis of first information report lodged at Police Station Elaau, District Mainpuri as Case Crime No. 46/2016, under Section 307, 452, 504 IPC on the date of incident i.e. 12.2.2016 (Exhibit Ka.2).

3. The informant’s wife (injured) was rushed to the hospital where her dying declaration was recorded on the date of incident i.e. 12.2.2016 at 8.40 pm by Ramnath, Tehsildar Sadar, District Mainpuri.

4. Since the prosecution case heavily relies upon the dying declaration, as such, its contents are extracted hereinafter:-

5. A second dying declaration was then recorded on 14.2.2026 by Siyaram Maurya, SDM Saifai, Etawah, while the patient was admitted at Saifai which is reproduced hereinafter:-

Dr. Ramkinker Pandey

P.G. JR-1, Gen. Surgery

UP RIMS & R Saifai-Etawah”

6. Investigating Officer inspected the spot and from the house of informant a glass bottle was recovered on the next day which had no kerosene, but its smell was present. Recovery memo in that regard was prepared on 13.2.2016 (Exhibit Ka-7). The deceased died during treatment at U.P. Rural Institute of Medical Sciences and Research, Saifai, Etawah at 5.50 pm on 18.2.2016. Inquest was conducted at the mortuary at Saifai Hospital at 11 am on 19.2.2016. The body was then sealed and sent for postmortem. The cause of death was 80-85% superficial to deep thermal burns. In the postmortem report age of the victim was assessed at 40 years. The body of the deceased was brought by Constable Brijendra Sachan. The autopsy commenced at 2.40 pm on 19.2.2016 and was concluded at 3.05 pm on the same day. The autopsy surgeon found following injuries on the deceased:-

"Superficial to Deep Burn. Present over chest & neck. Anus as well as posterior aspect of both legs, buttocks, abdomen, both upper extremites. Red line of demarcation prese