A voluntary and truthful dying declaration, found to be reliable by the Court, can form the sole basis for a conviction of murder under Section 302 IPC, especially when supported by sufficient medical evidence and consistent surrounding circumstances, regardless of minor contradictions or hostile witnesses.

Judgment on Board

Per Ramesh Sinha, Chief Justice

1. The present criminal appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973, calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 27.09.2022 passed by the learned Additional Sessions Judge, Dongargarh, District Rajnandgaon (C.G.), in Sessions Trial No. 11/2020, whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life along with fine of Rs.1,000/-, and in default of payment of fine, to further undergo additional rigorous imprisonment for a period of three months.

2. The brief facts of the case are that, on 15.01.2020, the deceased Saraswati Sinha sustained burn injuries at village Rewagahan road within the jurisdiction of Police Station Dongargarh. She was initially taken to the Government Hospital, Dongargarh and thereafter referred to Sparsh Hospital, Supela, Bhilai for further treatment. On receiving information, Dehati Merg Intimation was recorded and subsequently Dehati Nalishi was registered, on the basis of which FIR was lodged against the appellant for the offence under Section 307 of the Indian Penal Code, which later on converted into Section 302 of IPC after the death of the deceased on 05.02.2020 during the course of treatment. During investigation, inquest (Ex. P-5) over the dead body of the deceased was prepared in presence of witnesses and the dead body was sent for postmortem examination, wherein the doctor opined that the deceased had sustained about 60-65% burn injuries and the cause of death was due to complications arising out of burn injuries. The spot map (Ex. P-7) was prepared and various articles including a plastic bottle containing kerosene, a plastic lighter, broken bangles and burnt clothes were seized from the spot vide seizure memo.

3. During treatment, the deceased was found to be conscious and in a fit condition to give her statement, as certified by the attending doctor. Accordingly, her dying declaration (Ex. P-13) was recorded by the Executive Magistrate on 16.01.2020 at about 02:35 PM at Sparsh Hospital, Supela, Bhilai, wherein she specifically named the appellant Surendra Kumar Verma as the person who poured kerosene oil upon her and set her on fire due to previous enmity relating to a dispute of Rs.15,000/-. Prior to recording of dying declaration, requisition (Ex. P-18) was made and the doctor endorsed that the patient was in a condition to give statement. The medical reports reveal that the deceased had sustained extensive burn injuries, however, she remained conscious and oriented at the relevant time. During investigation, statements of witnesses under Section 161 of CrPC were recorded, the appellant was arrested, and articles including motorcycle, clothes smelling of kerosene were seized from his possession. After completion of investigation, charge-sheet was filed before the competent Court for the offence punishable under Section 302 of IPC.

4. The case was committed to the Court of learned Additional Sessions Judge, Dongargarh, Dis