Dying declarations must inspire confidence and require corroborative evidence; mere presence of such declarations is insufficient for conviction if doubts arise regarding their truthfulness.

JUDGMENT

AMIT SHARMA, J.

1. The present appeal under Section 374 of the Code of Criminal Procedure, 1973 , (for short, ‘CrPC’) has been filed assailing the judgment of conviction and order on sentence both dated 10.04.2002 passed by Sh. J.R. Aryan, learned Additional Sessions Judge, New Delhi whereby, the Appellants have been convicted in Sessions Case No. 133/95, arising out of FIR No. 60/1995, under Sections 304B/498A/34 of the Indian Penal Code, 1860 , (for short, ‘ IPC ’), registered at Police Station Kalkaji.

2. Vide the impugned judgment of conviction and order on sentence, the Appellants were convicted for the offences punishable under Sections 302/34 of the IPC . The Appellants were sentenced to undergo life imprisonment alongwith a fine of Rs. 500/- each, and in default of payment of fine, to undergo rigorous imprisonment for a period of 1 month.

3. Vide order dated 09.07.2004, passed by Predecessor Bench of this Court in Crl.M.A. 4261/2004, sentence awarded to the Appellant No. 2, Kalabai, was suspended and she was directed to be released on bail on her furnishing personal bond in the sum of Rs. 5,000/- with one surety of like amount. However, she was not able to avail the benefits of the said order, and thereafter, vide order dated 21.02.2005, she was directed to be released on bail on her furnishing a personal bond in the sum of Rs. 5,000/-. Subsequently, on 29.05.2014, learned counsel for the Appellants had apprised this Court that Appellant No. 2 had since passed away on 27.10.2009 and placed on record a certified copy of her death certificate to this effect. Therefore, the present appeal stood abated qua Appellant No. 2 vide order dated 29.05.2014. Thus, this Court will be adjudicating the present appeal insofar as the conviction of the Appellant No. 1 is concerned.

FACTUAL BACKGROUND

4. The facts which are necessary for the disposal of present appeal are as follows: -

i) On 13.02.1995 at around 12:30 P.M., vide DD No. 11 (Ex. PW- 8/A), an information was received at police station Govind Puri from Safdarjung Hospital that one Smt. Jyoti (the deceased) w/o Santosh, aged around 23 years resident of Jawahar Lal Nehru Camp, has been admitted in the hospital with 80% burns by her uncle Gulab Joshi (PW-3).

ii) Copy of the said DD entry was provided to ASI Ganga Dass (PW-8), who alongwith Constable Mahavir (PW-11) reached hospital. PW-8 thereafter, moved an application, being Ex. PW-8/B, to record the statement of the deceased by obtaining a fitness certificate from the concerned doctor (PW-14). Deceased was declared fit to make statement by PW-14. Statement of the deceased was recorded (Ex. PW-8/C) and duly attested by PW-8 and the same also bears right thumb impression of the deceased. Later on, this statement was handed over to the main Investigating Officer, PW-15.

iii) In the meanwhile, investigation of the present case was assigned to PW-15, SI Uday Bir Singh, who after reaching Safdarjung Hospital tried to secure the presence of the concerned SDM to record the statement of the deceased. After reaching Patiala House Courts, PW-15 found that the concerned SDM, South was on leave and duty SDM, New Delhi will be looking after the work. PW-15 then, alongwith SDM, New Delhi, Sh. Rakesh Nagpal, PW-13, went to the hospital. Fitness certificate of the deceased to make statement was again sought from PW- 14, who declared her fit to make statement. PW-13 recorded the statement of the deceased (Ex. PW-13/A) which has been sought to be proved as dying declaration by the prosecution in the present case.

iv) Sum and substance of both the statements of the deceased is that the present Appellants, who are sister-in-law and mother-in-law of the deceased respectively, were behind this incident whereby the deceased has been burnt. It was stated therein that the Appellants used to ill-treat and abuse the deceased. They also used to say to the deceased that she should be earning money and bring money to them from her parents and that day, in