A dying declaration, if found to be voluntary, consistent, and coherent, can serve as the sole basis for conviction even without external corroboration; medical certification is a rule of caution, and its absence is not fatal if the court is otherwise satisfied of the declarant's mental and physical fitness.

Judgment on Board

Per Ramesh Sinha, CJ

06.04.2026

1. In this criminal appeal filed under Section 374(2) of Cr.P.C., the accused-appellant is calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 27.12.2021, passed in Sessions Case No.06 of 2020 (State of Chhattisgarh v. Santosh @ Golu Shrivas), by the Sessions Judge, Kabirdham (Kawardha), Chhattisgarh, whereby the appellant has been convicted for offence under Section 302 of IPC and sentenced to undergo imprisonment for life and fine of Rs. 500/-, in default of payment of fine, additional RI for one month.

2. The prosecution case, in brief, is that on 18.11.2019, in village Rabeli, the husband of Lata Shrivas (the accused) had been consuming alcohol since morning. He was suspicious of his wife, Lata Shrivas. Due to poverty, Lata Shrivas used to work as a labourer. The accused quarrelled with her, closed the door of the house, poured kerosene on her, and set her on fire with a matchstick. While in a burning condition, Lata Shrivas opened the door, ran outside, and extinguished the fire in a nearby pond. She was then taken to the District Hospital, Kawardha, by Vehicle 112. On the same day, Head Constable Krishnakumar Chandravanshi (PW-9), who was on duty at the Police Assistance Centre at the District Hospital, prepared an application (Ex.P-14) for her medical treatment and submitted it to the District Hospital, Kabirdham. Dr. Anjubala (PW-10) sent an intimation (Ex.P-16) to the Station House Officer, Kawardha, and after conducting a medical examination of Lata Shrivas, provided a medical report (Ex.P-14).

3. On 18.11.2019, Head Constable Krishnakumar Chandravanshi (PW-9) also submitted an application (Ex.P-15) to the SDM, Kawardha, for recording the dying declaration of Lata Shrivas. On the instructions of the SDM, Kawardha, B. Chauhan (PW-11) reached the District Hospital, Kawardha, and recorded the dying declaration (Ex.P-17) of Lata Shrivas. On 20.11.2019, Inspector Mukesh Som (PW-12) registered a rural complaint (Ex.P-18) at the District Hospital, Kawardha, based on the statement of Lata Shrivas. On the basis of this complaint, a case under Section 307 of the IPC was registered against the accused vide Ex.P-19 on 21.11.2019. On the same day, a site map (Ex.P-02) was prepared. A 5-litre jerrycan, a matchbox, and a piece of burnt saree were seized from the place of occurrence vide seizure memo (Ex.P-08), and a sealed panchnama (Ex.P-20) was prepared. On 04.12.2019, an application (Ex.P-21) was sent to the Naib Tehsildar, Pipariya, for preparation of a site map by the Patwari. Thereafter, Patwari Deepak Kaushik (PW-7) prepared the site map and panchnamas (Ex.P-03 and Ex.P-04).

4. On 09.12.2019, information regarding the death of Lata Shrivas during treatment at the District Hospital, Kawardha, was received from Dr. Keshav Dhruv (PW-8) vide Ex.P-13. Thereafter, Inspector Mukesh Som (PW-12) issued notice (Ex.P-11) to the panch witnesses for preparation of the inquest panchnama. In the presence of five witnesses, the inquest of the dead body of Lata Shrivas was conducted, and the inquest report (Ex.P-12) was prepared (though due to a typographical error, it has been mentioned as Ex.P-11). An application (Ex.P-22) was sent to the District Hospital, Kawardha, for conducting the post-mortem examination. A rural intimation was registered (Ex.P-24), and an entry of unnatural death was recor