IMPORTANT POINT
A dying declaration is admissible and can support a conviction if made in a fit state of mind and corroborated by medical evidence.

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

The appellant Laxman Tiwari @ Pankaj Tiwari, has come up in the appeal against the judgment dated 18.04.2014, passed by the 1st Additional Sessions Judge, Rishikesh, whereby the appellant has been convicted under section 302 of IPC, for life imprisonment and a fine of Rs.10,000/-, has been imposed causing a death of Smt. Geeta Shankar, wife of the complainant Sri Mani Shankar.

2. The complaint was lodged on 23.09.2011, at Police Station Rishikesh that on that day at 10:30 AM, he received the message that the fire is set in his house and his wife is burnt, and when he came up in the house his wife was burnt I immediately took her to hospital in THDC ambulance. On the way his wife informed him that the appellant had poured fuel upon her and set fire. After registration of the FIR, the investigation was carried out and charge-sheet was submitted before the Chief Judicial Magistrate, Dehradun, and thereafter the case was referred to the court of Sessions Court on 03.01.2012. On 09.04.2012, the charges under Section 302 of IPC against the appellant Laxman Tiwari @ Pankaj Tiwari, was framed, and the accused denied the charges.

3. The prosecution for proving the charges against the accused documentary evidence complaint exhibit kl, information of death exhibit k2, statement of deceased before death exhibit k3, panchayatnama exhibit k4, statement of deceased exhibit k5 statement of identifier exhibit k6, OPD slip exhibit k6, history slip exhibit k7, post-mortem exhibit k8, recovery report exhibit k9 and k10, forensic report exhibit k11, arrest memo exhibit k12, information memo exhibit k13, map of incident exhibit k14, charge sheet exhibit k15, and chick FIR exhibit k16.

4. From the prosecution the oral evidence PWI Manishankar, PW-2 Suresh Kumar, PW3 Smt. Snehlata Sharma, PW-4, Shivam Shankar, PW-5, Dr. Mohammad Shoeb, PW-6, Dr. NK Mishra, PW-7, SI Rajesh Shah, PW-8, Dr. Atul Gupta, PW-9, Shri Jagmohan Sharma, PW-10, Shri Digpal Singh Kohli, PW-11, Inspector Ravindra Kumar Chamoli were examined and prosecution completed its evidence.

5. After completion of evidence the statement of accused were recorded under section 313 of criminal procedure code, in which the accused deposed that the case is false and fabricated and further deposed that he would submit his defence evidence. The defence examined DW 1 Shri Sandeep Gupta and DW 2 Sri Chandrapal Singh.

6. In the present case, the investigation was done by the Investigating Officer with regard to the death of Smt. Geet Shankar, and before the death of the deceased Geet Shankar, Km. Khushboo, died. However, no investigation was done for the death of Km. Khushboo, and in this backdrop evidence has to be evaluated with respect to the charges levelled pertaining to the death of Geeta Shankar.

7. The prosecution examined PW 1 Manishankar, husband of the deceased PW 4 Shivam Shankar, son of the deceased, and the consistent evidence given by both the said witnesses was that the deceased Geeta Shankar had informed them in the ambulance the accused/appellant had poured fuel upon her and set on her fire. When Geeta Shankar was taken to the hospital her dying declaration was recorded by the Tehsildar PW 2 Sri Suresh Kumar. The witness who is present at the time of recording the statement of Geeta Shankar is PW 3 Smt. Snehlata Sharma, who stated that the Police had recorded the statement of Geeta Shankar in her presence along with other, and thereafter the statement of the deceased was recorded by the Tehsildar concerned in the closed room.

8. PW 2 Naib Tehsildar Sri Suresh Kumar and PW 5 Dr. Mohammad Shoeb, Medical Superintendent, Nirmal Hospital Rishikesh, gave the statement that the statement of Geeta Shankar was taken before her death and the PW5 Doctor, gave certificate to the effect that patient is in the sound state of mind of giving the statement. PW 7 SI Rajesh Sah, who has conducted the investigation with PW 10 Digpal Singh Kohli, PW11 Inspector Ravindra Kumar