The importance of a natural, true, and trustworthy dying declaration and the need for corroboration in case of suspicion.

PRAFULLA C. PANT, J. :- This appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P.C.), is directed against the judgment and order dated 9-7-2007, passed by learned Sessions Judge, Nainital, in Sessions trial No. 115 of 2003, whereby appellant Bhagwati Devi has been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred as IPC), and sentenced to imprisonment for life and also to pay fine of Rs. 10,000/-, in default of payment of which she is directed to undergo imprisonment for a further period of six months.

2. Heard learned counsel for the parties and perused the entire evidence on record.

3. The prosecution story in brief is that Neema Devi (deceased) got married to Bhopal Singh Mehra of Village Bagar, Tehsil and District Nainital. On 18-3-2003, Inder Singh Mehra, brother-in-law of Neema (deceased) told P.W. 1 Nar Singh (complainant), uncle of the deceased, that his niece has received burn injuries and is admitted in B. D. Pandey District Hospital, Nainital. On receiving this information, Nar Singh and his other brothers reached the hospital where they were told by their niece Neema that her sister-in-law (Jethani) Bhagwati Devi (accused/ appellant) and her husband Inder Singh Mehra and one neighbour Dhyan Singh, set her on fire after pouring kerosene on her. P.W. 1 Nar Singh lodged the first information report (Ext. A-1) after ten days, on 28-3-2003 with Patwari Bagar District Nainital. (In Uttarakhand hills, in certain areas, revenue officials are given police powers). Meanwhile, on 19-3-2003, P.W. 5 Ram Singh Verma, Sub Divisional Magistrate recorded dying declaration of Neema Devi, in which she had alleged that Bhagwati Devi (accused/appellant) set her on fire after pouring kerosene and when she (Neema Devi) came out for help, to show that Bhagwati Devi has not done anything, she (Bhagwati Devi) poured water on the injured to douse the fire. In the dying declaration it is categorically mentioned by the deceased that there was no demand of dowry from her, nor had she any quarrel with her husband. However, since in the first information report (Ext. A-1) Nar Singh has alleged harassment due to non fulfillment of demand of dowry, therefore, initially, the crime was registered under Sections 307, 498-A of IPC and one punishable under Section 3/4 of Dowry Prohibition Act, 1961. Considering the serious burn injuries, the patient was taken to Delhi for further treatment, where she succumbed to the injuries, on 4-4-2003, Therefore, during investigation case crime was converted to one punishable under Section 302 of IPC. The autopsy was conducted at Delhi, where postmortem report (Ext. A-9) was prepared by P.W. 9 Dr. Chandra Kant. After investigation, the Investigating Officer submitted charge-sheet (Ext. A-14) against Bhagwati Devi (accused/ appellant), her husband Inder Singh and neighbour Dhyan Singh, for their trial in respect of offence punishable under Section 302 of IPC, only.

4. The Magistrate, on receipt of the charge-sheet (Ext. A-14) after giving necessary copies to the accused, as required under Section 207 of Cr. P.C. committed the case to the Court of Session, for trial. Learned trial Court, after hearing the parties, on 15-1-2004, framed charge of offence punishable under Section 302 of IPC against all the three accused namely Inder Singh, Bhagwati Devi and Dhyan Singh. All the accused pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1, Nar Singh (complainant-declared hostile); P.W. 2, Smt. Prema Devi (mother-in-law of the deceased); P.W. 3, Heera Devi (aunt-in-law of the deceased); P.W. 4, Govind Ram; P.W. 5, Ram Singh Verma (Sub-Divisional Magistrate); P.W. 6, Dr. Manoj Upreti (in whose presence dying declaration was recorded); P.W. 7, Peter Vara (Deputy Secretary, Department of Home, Govt. of Delhi, in whose presence inquest report Ext. A-4 was prepared); P.W. 8, Dr. Ratan Singh Sahi (who r