Prosecutions must prove charges beyond reasonable doubt; inconsistent dying declarations weaken the case against accused.

JUDGMENT :

DEVNARAYAN MISHRA, J.

1. Learned counsel for appellants prays for withdrawal of I.A. No.5518/2025, an application for suspension of sentence and grant of bail to the appellants.

Accordingly, I.A. No.5518/2025 is dismissed as withdrawn.

With the consent of both the parties, the matter is heard finally at motion hearing stage.

This appeal under Section 374 (2) of the Cr.P.C. has been preferred by the appellants being aggrieved by the judgment of conviction and sentence passed by the 5th Additional Sessions Judge, Chhindwara in S.T.No.44/2017 dated 18.02.2022 by which the appellant No.1 Krishna @ Kinna has been convicted for the offence punishable under Sections 302 , 304-B and 498-A of the Indian Penal Code and sentenced to undergo R.I. for life with fine amount of Rs.500/- R.I. for 10 years and R.I. for 03 years with fine amount of Rs.500/- and the appellant No.2 Deepak has been convicted for the offence punishable under Sections 304 -B and 498-A of the Indian Penal Code and sentenced to undergo R.I. for 10 years and R.I. for 03 years with fine amount of Rs.500/- with default stipulations.

2. In nutshell, the prosecution case before the trial Court was that deceased Lata was married with the appellant No.1 Krishna and from their wedlock two children, one son Sameer (4 years) and one daughter Kavya (2 years) were born. In brickkiln of Tularam Prajapati (PW-1), both were working as labourer. On 13.12.2016 at about 9:00 PM they took the food and on that time her brother-in-law (appellant No.2 Deepak) came and appellant No.1 Krishna asked her to bring Rs.1 lakh for business of brick from her father, on that the deceased expressed her inability after that the appellant No.1 Krishna and his brother appellant No.2 Deepak both made quarrel with her and the appellant No.1 Krishna asked her to leave the house and go to her parental home and on that dispute took place and victim being harassed by the act, poured the Kerosene of oil lamp on herself and appellant No.1 Krishna lit the fire by matchstick and as a result the deceased/victim started burning and cried for help, co-accused appellant No.2 Deepak ran away from the spot and the co-worker Rakesh came and extinguished the fire.

3. Her uncle-in-law (chacha sasur) came along with Tukaram Prajapati and appellant No.1 Krishna and brought the victim to the hospital and she was admitted in District Hospital Chhindwara. She was medically examined and on the information given by the hospital, ASI R.K. Baghel (PW-13) visited the hospital and registered the Dehatinalishi and on that basis Crime No.521/2016 was registered for the offence punishable under Sections 307, 498A read with Section 34 of the IPC against the appellant No.1 Krishna and appellant No.2 Deepak. The Executive Magistrate (Nayab Tahsildar) (PW-5) had recorded her dying declaration (Ex.P-8). Victim was brought to the District Hospital Chhindwara and from there to IGGMC Mayo Hospital, Nagpur, Maharashtra and during treatment she died on 21.12.2016. Autopsy was conducted over the dead body of the deceased. After the investigation, the charge sheet was submitted before the Judicial Magistrate First Class, Chhindwara and on 07.02.2017 after commitment, the case was submitted to the trial Court.

4. Trail Court framed the charges for the offence punishable under Section 302 read with 34 in alternate Sections 302 , 498-A and 304-B of the IPC against the appellant No.1 Krishna and Sections 498 -A and 304-B of the against the appellant No.2 Deepak. Appellants had abjured the guilt and prayed for trial.

5. Trial Cour