Bombay High Court

The State Of Maharashtra vs Raju Kashinath Shendge And Others on 22 November, 2021

Bench: V.K. Jadhav, Shrikant Dattatray Kulkarni

                                   1                  criappeal 498.2014.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                   CRIMINAL APPEAL NO.498 OF 2014

             Yousuf Badshah Shaikh,
             age 43 years, Occ. Agril,
             R/o Kazi Mohalla, Shahagad,
             Tq. Ambad, District Jalna.           ...Appellant...
                                               (Orig. accused no.1.)
             VERSUS

         State of Maharashtra,
         through Police Station,
         Gondi, Tq. Ambad, Dist. Jalna.    ..Respondent..
                               ...
            Advocate for Appellant : Mr. S G Ladda
           APP for Respondent : Mr. G O Wattamwar
                               ...
     CORAM : V.K. JADHAV & SHRIKANT D. KULKARNI, JJ.

...

Reserved on : October 13, 2021 Pronounced on : November 22, 2021 ...

...

JUDGMENT :- ( Per V. K. Jadhav, J.)

1. This appeal is directed against the judgment and

order of conviction passed by the Additional Sessions

Judge, Jalna dated 21.7.2014 in Sessions Case No.92 of

2013.

2. Brief facts of the prosecution case are as follows :-

a] Deceased Taslimbi was the wife of appellant-

accused Yousuf Shaikh and their marriage was

solemnized some 20 years back. They had two sons and

a daughter. Some 4 to 5 years prior to death, the

2 criappeal 498.2014.odt

appellant/accused Yousuf and his mother had started

ill-treating deceased Taslimbi by suspecting about her

character. They used to insist her to bring certain

amount from her parents for household expenses.

Deceased Taslimbi had disclosed the ill-treatment being

extended to her on account of non-fulfllment of the said

Shaikh Naim Shaikh Kasam that the

appellant/accused Yousuf has threatened to kill her.

b] The incident had taken place on 26.01.2013 at

about 11.00 to 12.00 am. The appellant/accused

Yousuf had quarreled with deceased Taslimbi on

account of some domestic reasons. Deceased Taslimbi

therefore got annoyed and in the heat of anger stated

that she would set herself on fre. Thereupon, the

appellant/accused Yousuf has pointed out the petrol

can and told her to set herself on fre. Deceased

Taslimbi, however, stated that she would not set herself

on fre. The appellant/accused Yousuf thereafter

poured entire petrol from the can on the person of the

deceased Taslimbi, who was in sitting position and set

her on fre with the help of matchstick. Deceased

Taslimbi was thereafter taken to hospital.

                                 3                  criappeal 498.2014.odt


     c]      On 27.1.2013 Gondi police station has received the

MLC no.1915. API of Gondi Police Station has directed

PW 8 PSI Somnath Shinde to visit Government Medical

College and Hospital, Aurangabad (Ghati) and to record

the statement of the victim. PW 8 PSI Somnath Shinde

has thereafter visited the hospital and after completing

the necessary formalities and also after obtaining the

opinion of the doctor about ft state of mind of the

deceased, recorded the complaint-cum-dying declaration

exhibit 43 of the deceased Taslimbi. On the basis of the

complaint-cum-dying declaration exhibit 43, crime

no.10 of 2013 for the offence punishable under sections

307, 498-A, 34 of the Indian Penal Code came to be

registered at Gondi Police Station. PW 8 PSI Somnath

Shinde has carried out the investigation of the crime.

PW 8 PSI Somnath Shinde has visited the spot and

drawn the spot panchnama exhibit 45. He has seized

the plastic can in burnt condition and match box of plus

two company from the spot under the spot panchnama

exhibit 45. He has also issued the letter exhibit 44 to

Tahsildar on the same day for recording the dying

declaration of the deceased Taslimbi. He has also

effected arrest of the accused by drawing arrest

4 criappeal 498.2014.odt

panchnama exhibit 46 and also issued the letter exhibit

47 to the Medical Offcer for medical examination of the

accused. On 29.1.2013 PW 8 PSI Somnath Shinde has

seized the clothes on the person of the accused at the

relevant time by drawing panchnama exhibit 49. On the

same day he has recorded the statement of the

witnesses. On 2.2.2013 victim Taslimbi died. PW 8 PSI

Somnath Shinde received postmortem notes on

5.2.2013. He has also received the inquest panchnama

since carried out in the hospital by the concerned

police. He again recorded statement of the witnesses on

7.2.2013. Meanwhile, on 27.1.2013 itself Naib Tahsildar

PW 3 Sanjay Madhukarrao Gaidhani has recorded the

dying declaration exhibit 31 of deceased Taslimbi. After

completion of the investigation, API Kashid has fled the

charge-sheet against the appellant/accused and his

mother Chotibi Shaikh. C.A. reports received afterwards

also forwarded to the Court and they are marked at

exhibit 51 and 52 respectively.

3. The learned Additional Sessions Judge, Jalna has

framed the charge vide exhibit 5 against the

appellant/accused Yousuf and his mother Chotibi for

the offence punishable under sections 302, 498-A, r/w

5 criappeal 498.2014.odt

34 of IPC. Both the accused pleaded not guilty and

claimed to be tried. The prosecution has examined ten

witnesses to substantiate the charges levelled against

the accused. The defence of the accused is of total

denial. According to the defence of the accused he has

tried to save Taslimbi and in that process he has got

burn injuries over his legs. Statement of the accused

under section 313 of Cr.P.C. came to be recorded. The

appellant/accused has examined his daughter Muskan

aged 16 years as defence witness and also the defence

witness no.2 Bharati Nachan. After hearing both the

sides, the learned Additional Sessions Judge, Jalna by

judgment and order dated 21.7.2014 in Sessions Case

No.92 of 2013 has convicted the appellant/accused

Yousuf s/o Badshaha Shaikh for the offence punishable

under sections 302 of IPC and the learned Additional

Sessions Judge, Jalna has acquitted the accused no.2

Chotibi Shaikh for the offence punishable under

sections 498-A, 302, r/w 34 of IPC. Operative part of

the order reads thus :-

1. Accused No.1 Yousuf S/o Badshah Shaikh is convicted u/s 235 of Cr.P.C. of the offence punishable u/s 302 of IPC, and he is sentenced to suffer imprisonment for life, and, to pay fne of Rs.2,000/- (Rs. Two Thousand), in default of payment of fne to suffer R.I. for six months.

6 criappeal 498.2014.odt

2. Accused no.1 is acquitted u/s 235 (1) of Cr.P.C.of the offence punishable u/s 498-A r/w 34 of IPC.

3. Accused no.2 Chotibi w/o Badshah Shaikh is acquitted u/s 235 of Cr.P.C. of the offence punishable u/s 498-A, 302 r/w 34 of IPC.

4. Bail bond of accused no.2 shall stand cancelled.

5. Muddemal property, being worthless be destroyed after appeal period is over.

6. Accused no.2 Chotibee to furnish P.R. Bond of Rs.10,000/- and S.B. in the like amount in view of provisions of Section 437 (A) of Cr.P.C.

7. Since accused no.1 is in jail, set off be given to him u/s 428 of Cr.P.C. for his pre-detention period, if any, as per rules.

4. Learned counsel for the appellant/accused

submits that the prosecution case entirely rests upon

two dying declarations exhibit 31 and exhibit 43

respectively and there is no direct evidence in this case.

Learned counsel submits that the dying declarations

exhibit 31 and exhibit 43 are not consistent on material

parts. Both the dying declarations are not reliable and

trust worthy. There is no corroboration to the dying

declarations.

5. The learned counsel for the appellant/accused

submits that the dying declaration exhibit 31 shown to

have been recorded by PW 3 Naib Tahsildar Sanjay

Gaidhani, however, he has not got satisfed about the ft

7 criappeal 498.2014.odt

state of mind of the deceased to give the statement.

Deceased Taslimbi had sustained 100% of burns. In the

dying declaration exhibit 31 deceased Taslimbi had

given a very brief statement and explained that at the

time of the incident only she herself and the

appellant/accused was present. The learned counsel

submits that in the complaint-cum-dying-declaration

exhibit 43 allegedly recorded by PW 8 PSI Somnath

Shinde, deceased Taslimbi had made allegations in

detail about the demand and as to how she was being

ill-treated on account of non-fulfllment of the said

demands of cash amount of Rs.25,000/- to 50,000/-.

In the said complaint-cum-dying declaration exhibit 43

deceased Taslimbi had also stated about the presence of

her mother-in-law Chotibee and her own daughter

Muskan at the time of incident. Learned counsel

submits that there is inconsistency between two dying

declarations, and as such, both the dying declarations

are not reliable and trust worthy.

6. Learned counsel for the appellant/accused

submits that prosecution has examined PW 7 Shaikh

Naim Shaikh Kasam, who is the brother of the

deceased. He has deposed about oral dying declaration

8 criappeal 498.2014.odt

allegedly made to him by deceased. On 26.1.2013 itself

on receiving the information on phone PW 7 Shaikh

Naim Shaikh Kasam had been to the matrimonial house

of the deceased Taslimbi at Shahagad and then went to

Ghati Hospital, Aurangabad. PW 7 Shaikh Naim

remained there in the hospital with deceased Taslimbi

till her death. Learned counsel submits that there was

a possibility of tutoring, however, the trial court has not

considered the same.

7. Learned counsel submits that there is no

corroboration to said dying declarations. It has come in

the evidence of PW 8 PSI Somnath Shinde that while

drawing the spot panchanama exhibit 45 he has seized

one fve liters plastic can in burnt condition and one

match box and also two burnt match sticks from the

spot. Learned counsel submits that even though said

fve liters plastic can of petrol was found in burnt

condition, however, as per the description of the said

article recorded in the Muddemal Pavati, lid of the can

was found in burnt (jam) condition. Learned counsel

submits that it is very unlikely to close the lid of the

petrol can after the petrol in the can allegedly poured on

the person of the deceased Taslimbi. Said lid was not in

9 criappeal 498.2014.odt

a condition to open as it was totally burnt. Learned

counsel submits that, thus the very use of the can in

the alleged incident for pouring the petrol on the person

of the deceased Taslimbi appears to be suspicious.

8. Learned counsel for the appellant/accused

submits that the appellant/accused has examined his

own daughter Muskan. PW 8 PSI Somnath Shinde has

also deposed before the Court that he has recorded the

statement of eye witness Muskan and deceased Taslimbi

in her complaint-cum-dying declaration exhibit 43 had

also stated that her daughter Muskan was present at

the time of incident. DW 1 Muskan has deposed that at

about 10.30 am she was playing outside the house and

she came in the house for drinking water. Her father

appellant/accused was sleeping on the lap of her

mother. After drinking water, DW 1 Muskan sat near

her mother (deceased Taslimbi) and her father went

inside the latrine. DW 1 Muskan thereafter deposed

that there was a meat kept on stove for boiling. Her

mother went towards the stove. Petrol can was lying

near sewing machine. Electric stove was on. There was

a pot containing water over the said stove to boil it for

bathing purpose. DW 1 Muskan further deposed that

10 criappeal 498.2014.odt

petrol from the can fell on the ground as it was

accidentally hit. Since electric stove was on, petrol

caught fre. She ran outside the house and raised

shouts. Her father came outside of the latrine. Her

father had extinguished the fre, however, mother has

sustained burn injuries. Her father has also sustained

burn injuries on his legs. Her two aunts came there.

Thereafter, her mother (deceased Taslimbi) was taken to

Ghati Hospital, Aurangabad. Learned counsel for the

appellant/accused submits that except the suggestions,

there is nothing in the cross- examination to disbelieve

the evidence of DW 1 Muskan. Learned counsel

submits that the Trial Court has not considered the

evidence of DW 1 Muskan, whose presence on the spot

at the time of the alleged incident is not disputed by the

prosecution. Learned counsel for the appellant/accused

submits that the prosecution has failed to prove the

case beyond reasonable doubt and the

appellant/accused is entitled for the beneft of doubt.

Learned counsel has pointed out that so far as

dying declaration exhibit 31 is concerned, deceased

Taslimbi has not stated specifcally that the

appellant/accused after pouring the petrol on her

11 criappeal 498.2014.odt

person set her on fre with the help of match stick.

Learned counsel submits that PW 11 Dr. Viay Kamble,

who has conducted postmortem examination on the

dead body of the deceased Taslimbi has admitted in the

cross- examination that 9% burns over upper limb

means burns all over the arms including the fngers and

palms. It is also admitted by him that in case of 100 %

burns over the upper limb, its ridges and curves of the

fngers do not appear. Learned counsel submits that in

both the dying declarations ridges of thumb/toe

impression of deceased Taslimbi are seen.

9. Learned counsel for the appellant/accused, in

order to substantiate his contentions, placed reliance on

the following judgments :-

i. K. Ramchandra Reddy and another Vs. Public Prosecutor reported in 1976 Supreme Court Cases (Cri) 473.

ii. Suresh Arun Dodorkar Vs. State of Maharashtra in criminal appeal no.776 of 2003.

iii. Sanjyay Sakharam Ahire Vs State of Maharashtra in criminal appeal no.1061 of 2009 reported in 2013 SCC online Bom 1390.

iv. Bhagirath Bhaurao Kanade Vs. State of Maharashtra reported in 1997 BomCR (Cri) 168.

v. State of Maharashtra Vs. Sanjay Digambarrao Rajhans reported in (2004) 13 Supreme Court Cases 314.

                                   12                criappeal 498.2014.odt


            vi.    P.Mani Vs State of Tamilnadu reported in (2006) 3
                   Supreme Court Cases 161.

vii. Laxman Vs. State of Maharashtra reported in (2002) 6 Supreme Court Cases 710.

viii. Manohar Dadarao Landge Vs. State of Maharashtra reported in 1999 SCC Online 608.

ix. Balak Ram Vs. State of U.P. Reported in (1975) Supreme Court Cases 219.

x. Madhukar s/o Shrimant Mhaske and another Vs. The State of Maharashtra reported in 1998 SCC online Bom 186.

            xi.    Sau Kamalbai Haribhau Lastane Vs. State of
                   Maharashtra    through     PSO     Nandgaon

Khandeshwar reported in 2019 SCC online Bom

xii. Munnu Raja and another Vs. The State of Madhya Pradesh reported in (1976) 3 Supreme Court Cases

xiii. Dadarao Shripat Thorat Vs. State of Maharashtra in criminal appeal No. 221 of 2014.

10. Learned APP submits that deceased Taslimbi had

sustained 100% burns and PW 11 Dr. Viay Kamble has

noticed superfcial to deep burns over body surface area.

He has noticed superfcial burns over head, neck, face

and rest are the deep burns. The learned APP submits

that dying declarations exhibit 31 and exhibit 43 are

consistent, reliable and trust worthy and inspiring the

confdence. The learned APP submits that PW 3 Sanjay

Gaidhani, Naib Tahsildar has recorded dying declaration

exhibit 31 briefy. However, in the said dying declaration

13 criappeal 498.2014.odt

exhibit 31 deceased Taslimbi had stated that her

husband was suspecting her character and on the day

of the incident during the course of the quarrel her

husband had poured petrol on her. In paragraph nos.4

and 5 of the said dying declaration exhibit 31 she has

named her husband/appellant-accused herein as a

person responsible for the incident and burns. The

learned APP submits that PW 8 PSI Somnath Shinde

has recorded the complaint-cum-dying declaration

exhibit 43 in detail, wherein, deceased Taslimbi has

stated about the demands and beating extended to her

on account of non-fulfllment of the said demands by

the accused, but also stated that the appellant/accused

was suspecting her. Learned APP submits that deceased

Taslimbi had given details of the quarrel. PW 7 Shaikh

Naim Shaikh Kasam, who happened to be the brother of

deceased Taslimbi, has also deposed about the oral

dying declaration made to him by the deceased Taslimbi.

On 26.1.2013 itself deceased Taslimbi has informed to

him all the details of the incident. Learned APP submits

that, in the heat of anger deceased Taslimbi had stated

that she would set herself on fre, and at that time, the

appellant/accused reacted in a manner to show her

14 criappeal 498.2014.odt

petrol can and further insisted her to pour petrol from

the can on her person. However, when deceased

Taslimbi had refused for the same, the

appellant/accused himself had poured the petrol on her

person from the can and set her on fre with the help of

match stick. Learned APP submits that there is no

inconsistency between the complaint-cum-dying

declaration exhibit 43 and the oral dying declaration

exhibit 31. Learned APP submits that PW 3 Sanjay

Gaidhani, Naib Tahsildar and PW 8 PSI Somnath Shinde

have put certain questions to the deceased Taslimbi

before recording her dying declarations. Prosecution

has also examined PW 2 Dr. Pravin Ladda. He has

deposed that on 27.1.2013 at about 7.45 am when police

gave him a letter to give his opinion whether deceased

patient Taslimbi was conscious, oriented and able able

to give statement. He has identifed his endorsement

and signature below the endorsement on the letter

exhibit 28. After completion of the recording of the

statement, he has again examined the patient Taslimbi

and put his remark at the bottom of the exhibit 43

which also bears his signature. PW 2 Dr. Pravin Ladda

has further deposed that on 27.1.2013, Naib Tahsildar

15 criappeal 498.2014.odt

Mr. Sanjay Gaidhani came for recording the dying

declaration of Taslimbi at about 1.45 p.m. He has again

examined the patient Taslimbi and PW 2 Dr. Pravin

Ladda put his remark on the letter of Naib Tahsildar

that patient is conscious, oriented and able to give the

statement. Said remark is in his hand writing. Letter

alongwith remark is marked at exhibit 29. PW 2 Dr.

Pravin Ladda has further deposed that Naib Tahsildar

has recorded the statement in his presence.

11. Learned APP submits that spot panchnama is

marked at exhibit 45. PW 8 PSI Somnath Shinde has

drawn the spot panchnama in presence of panch

witness and seized one fve liters plastic can in burnt

condition and also one Plus-2 company match box and

two used match sticks from the spot of the incident.

The learned APP submits that even the clothes of the

accused came to be seized by drawing the panchnama

exhibit 49. The shirt and pant of the appellant/accused

were smelling petrol. Learned APP submits that C.A.

reports exhibit 51 and 52 are positive. The result of the

tests for the detection residues of petrol in exhibit 1-

partially burnt plastic can put in a cloth parcel, green

full shirt having burning mark Exh-3 of the

16 criappeal 498.2014.odt

appellant/accused and exhibit 4 the light grey coloured

full pant of the appellant/accused are positive. Learned

APP submits that as per C.A. reports exhibit 52,

partially, burnt blackish hair and nail clippings of the

deceased Taslimbi came to be analyzed by CA and

results of the tests for the detection of petrol residues on

exhibit 1 i.e. partially burnt blackish hair are positive.

12. The learned APP submits that the Trial Court has

rightly rejected the evidence of defence witness DW 1

Muskan. Learned APP submits that, if the petrol on the

foor caught fre due to electric stove then, there was no

reason that residues of the petrol appears on the hairs

of the deceased Taslimbi. Learned APP submits that

spot panchnama exhibit 45 indicates that spot of the

incident is in the center of the room. There is nothing

in the spot panchnama to support the possibility as

deposed by DW 1 Muskan. Learned APP submits that it

is but obvious for DW 1 Muskaan to support her father.

Learned judge of the trial court has rightly discarded

her evidence. Learned APP submits that there is no

substance in this criminal appeal and the appeal is

liable to be dismissed.

                                         17                  criappeal 498.2014.odt


     13.     Learned           A.P.P.   in   order   to   substantiate           his

contentions, placed reliance on the following cases:-

i) Purshottam Chopra and another vs. State (Government of NCT of Delhi), reported in (2020) 11 SCC 489.

ii) Laxman vs. State of Maharashtra, reported in 2002 AIR (SC) 2973.

14. We have carefully considered the submissions

advanced by the learned counsel for the appellant-

accused and the learned APP for the respondent State.

With their able assistance, we have perused the grounds

taken in the appeal memo, annexures thereto, the

record and proceeding and the case laws cited by the

respective parties.

15. The prosecution case rests upon two dying

declarations exhibit 31 and 43 respectively and oral

dying declaration to PW 7 Shaikh Naim. In both the

dying declarations, deceased Taslimbi had stated that

the appellant/accused poured petrol on her person. So

far as dying declaration exhibit 31 is concerned, PW 3

Sanjay Gaidhani, Naib Tahsildar has used the printed

format of the questions and recorded the answers in his

hand writing after putting the said printed questions to

deceased Taslimbi. Deceased Taslimbi had stated that

18 criappeal 498.2014.odt

appellant/accused had poured petrol in reply to

question no.3 and in reply to question nos.4 and 5

named appellant/accused responsible for the incident

and also specifed the reason that the

appellant/accused by suspecting her character caused

her injuries. In the complaint-cum-dying declaration

exhibit 43 deceased Taslimbi had however, narrated the

incident in detail. She stated that on 26.1.2013 at about

11.00 am to 12 noon when she herself and her husband

appellant-accused Yousuf and her mother-in law Chotibi

were present in the house, her husband picked up

quarrel with her on account of some domestic reasons.

Deceased Taslimbi got annoyed and in the heat of anger

stated to the appellant-accused that she would set

herself on fre. Thereupon, the appellant-accused has

pointed out the petrol can and told her to set herself on

fre. Deceased Taslimbi however, refused for the same.

She had further stated in her dying declaration exhibit

43 that she was in the sitting position and thereupon

the appellant/accused took said petrol can and poured

entire petrol on her person and further set her clothes

on fre with the help of match stick.

19 criappeal 498.2014.odt

16. In both the dying declarations exhibit 31 and

exhibit 43 respectively deceased Taslimbi had

consistently made accusations against the

appellant/accused for having poured petrol on her

person and set her ablaze. So far as the dying

declarations exhibit 31 recorded by PW 3 Sanjay

Gaidhani, Naib Tahsildar is concerned, wording may be

different, but both the dying declarations exhibit 31 and

43 are consistent on material parts.

17. PW 2 Dr. Pravin Ladda was working as Medical

Offcer in Ghati Hospital, Aurangabad and he was on

duty on 27.1.2013. On 27.1.2013 police gave him a letter

soliciting his opinion whether patient Taslimbi was able

to give the statement. Thus, PW 2 Dr. Pravin Ladda has

examined the patient Taslimbi on 27.1.2013 at about

7.45 am. He put his endorsement on the said letter

exhibit 28 that patient Taslimbi is conscious, oriented

and able to give the statement. Said endorsement is in

his hand writing and it also bears his signature. After

completion of recording of the statement by police, PW 2

Dr. Pravin Ladda has again examined the patient

Taslimbi and at the bottom of the dying declaration

exhibit 43 again made endorsement to the effect that

20 criappeal 498.2014.odt

patient Taslimbi was conscious, oriented and able to

give the statement. Said endorsement also bears his

signature.

18. On 27.1.2013 itself PW 3 Sanjay Gaidhani, Naib

Tahsildar has approached to him for recording the dying

declaration of Taslimbi at about 1.35 p.m. PW 2 Dr.

Pravin Ladda has examined the patient and put his

endorsement that patient is conscious. Said letter is at

exhibit 29. The endorsement is in his hand writing and

also bears his signature. PW 2 Dr. Pravin Ladda has

denied that no such dying declaration was recorded in

his presence and he has put wrong remarks on exhibit

28 and 29 on the say of the relatives of the deceased.

He has also denied that due to 100% burns it was

impossible to obtain the thumb impressions. It further

appears from both the dying declarations exhibit 31 and

exhibit 43 respectively that PW 3 Sanjay Gandhian, Naib

Tahsildar and PW 8 PSI Somnath Shinde have also

satisfed themselves about the conscious state of mind

of deceased Taslimbi before recording her statement.

They have put certain questions to her about name, age

etc., to which Taslimbi had answered in detail. Both of

them have read over the contents of statements to

21 criappeal 498.2014.odt

Taslimbi and she has admitted the same as true and

correct. On both the dying declarations, there is an

endorsement to that effect. So far as the dying

declaration exhibit 31 recorded by PW 3 Sanjay

Gaidhani, Naib Tahsildar is concerned, it bears left toe

thumb impression of deceased Taslimbi and dying

declaration exhibit 43 also bears impression of right

thumb with the endorsement that both the palms and

fngers of deceased Taslimbi found in burnt condition.

19. We have carefully gone through the contents of the

spot panchnama exhibit 45 and also the articles seized

while drawing the spot panchnama. One fve liters

burnt plastic can, one plus-2 company match box and

two used match sticks came to be seized from the spot

under the seizure panchnama. It also appears that

mattress on the cot also found burnt and clothes kept

on the sewing machine also found burnt completely. In

addition to this, utensils, walls, roof and ceiling fan

appears to be blackish in colour due to fame smoke.

There is also reference to one electric stove (shegdi)

alongwith one pot containing water over the stove.

There is no reference in the spot panchnama that foor

tiles found damaged or seen blackish in color. Thus, the

22 criappeal 498.2014.odt

contents of the spot panchnama exhibit 45 not only

corroborates the dying declaration exhibit 31 and

exhibit 43 respectively, but also rule out the possibility

of sustaining burns by deceased Taslimbi, accidentally.

Learned Judge of the Trial Court has rightly discarded

the evidence of DW 1 Muskan, who has deposed that

petrol can got hit by leg of her mother, due to which the

petrol from the can fell down. Since electric stove was

on, petrol caught fre. There is no damage to electric

stove nor to the pot with water kept on it. There is

nothing on the foor tiles to suggest about possibility of

petrol fallen on the tiles accidentally and got fred due to

electric stove. DW 1 Muskan seems to have supported

her father with some oblique motive. It is also pertinent

that the appellant-accused has sustained injuries on his

legs. Prosecution has examined PW 9 Dr. Abhay

Gondikar, who has examined the accused. He has

noticed burn injuries over both feet of the

appellant/accused Yousuf. It is pertinent that, though

the appellant-accused had tried to extinguish the fre,

he had sustained injuries over his both feet and not on

the hands or other parts of the body. Furthermore, C.A.

reports exhibit 51 and 52 are positive. The result of the

23 criappeal 498.2014.odt

tests for the detection residues of petrol in exhibit 1-

partially burnt plastic can put in a cloth parcel, green

full shirt having burning mark Exh-3 of the

appellant/accused and exhibit 4 the light grey coloured

full pant of the appellant/accused are positive.

20. In the case of Purushottam Chopra and another

vs. State (Government of NCT of Delhi) (supra) relied

upon by the learned APP for the respondent-State, the

Supreme court by referring the principles laid down by

the Constitution Bench in the case of Laxman vs. State

of Maharashtra, (2002) 6 SCC 710 and by referring the

principles laid in various cases decided earlier relating

to dying declarations and its admissibility and reliability

in paragraph nos. 21 to 21.8 of the judgment observed

as under :-

"21. For what has been noticed hereinabove, some of the principles relating to recording of dying declaration and its admissibility and reliability could be usefully summed up as under :-

21.1. A dying declaration could be the sole basis of conviction even without corroboration, if it inspires confidence of the Court.

21.2. The Court should be satisfied that the declarant was in a fit state of mind at the time of making the statement; and that it was a voluntary statement, which was not the result of tutoring, prompting or imagination.

21.3. Where a dying declaration is suspicious or is suffering from any infirmity such as want of fit state of mind of the declarant or of like nature, it should not be acted upon without corroborative evidence.

24 criappeal 498.2014.odt

21.4. When the eye-witnesses affirm that the deceased was not in a fit and conscious state to make the statement, the medical opinion cannot prevail.

21.5. The law does not provide as to who could record dying declaration nor there is any prescribed format or procedure for the same but the person recording dying declaration must be satisfied that the maker is in a fit state of mind and is capable of making the statement.

21.6. Although presence of a Magistrate is not absolutely necessary for recording of a dying declaration but to ensure authenticity and credibility, it is expected that a Magistrate be requested to record such dying declaration and/or attestation be obtained from other persons present at the time of recording the dying declaration.

21.7. As regards a burns case, the percentage and degree of burns would not, by itself, be decisive of the credibility of dying declaration; and the decisive factor would be the quality of evidence about the fit and conscious state of the declarant to make the statement.

21.8. If after careful scrutiny, the Court finds the statement placed as dying declaration to be voluntary and also finds it coherent and consistent, there is no legal impediment in recording conviction on its basis even without corroboration."

21. It is thus clear that a dying declaration could be

the sole basis for conviction even without corroboration

if inspires the confdence of the Court.

In the instant case we are satisfed that deceased

Taslimbi was in a ft state of mind while making the

statement and it was a voluntary statement, which was

not result of tutoring and prompting. We do not think

that the dying declarations exhibit 31 and exhibit 43

respectively are suspicious and suffering from any

infrmity such as want of ft state of mind of the

declarant or of like nature.

25 criappeal 498.2014.odt

22. On 26.1.2013 itself on receiving the information on

phone, PW 7 Shaikh Naim Shaikh Kasam had been to

the matrimonial house of the deceased Taslimbi at

Shahagad and then went to Ghati Hospital,

Aurangabad. PW 7 Shaikh Naim remained there in the

hospital with deceased Taslimbi till her death. On

enquiry, deceased Taslimbi stated that on the count of

household matter, there was quarrel between her and

both accused. Deceased Taslimbi stated that on

26.1.2013 quarrel took place in between 11.00 am to 12

noon. Deceased Taslimbi further stated that she got

annoyed and stated that she would set herself on fre.

She had also stated to her brother that her husband

told her that petrol can is lying there and to pour it on

her person, and set herself on fre. However, she told

the appellant/accused that she would not set herself on

fre. She had further stated that her husband poured

petrol on her person, lit the match stick and set her on

fre.

23. Deceased Taslimbi had sustained 100% burns,

however, the percentage and degree of burns would not,

by itself, be decisive of the credibility of the dying

declaration. PW 2 Dr Pravin Ladda on examination of

26 criappeal 498.2014.odt

the patient certifed that patient Taslimbi was

conscious, oriented and able to give the statement. It

has been suggested to this witness that in case of 100%

burns to particular part of the body having burns gets

rigid, it is impossible to obtain thumb impression,

however, he has denied it. It appears that an attempt

has been made to show that it was impossible to obtain

thumb/toe impression on exhibit 31 and exhibit 43

respectively. PW 2 Dr. Pravin Ladda has denied that

patient was not conscious, oriented and able to give the

statement at the time of recording of both the dying

declarations.

24. In a case of K. Ramchandra Reddy and another

Vs. Public Prosecutor reported in 1976 Supreme Court

Cases (Cri) 473 (supra), relied upon by the learned

counsel for the appellant, the Supreme Court in

paragraph no.6 of the judgment has made following

observations :-

"Dying declaration is undoubtedly admissible under s. 32 of the Evidence Act and not being a statement on oath so that its truth could be tested by cross-examination, the Courts have to apply the strictest scrutiny and the closest circumspection to the statement before acting upon it. While great solemnity and sanctity is attached to the words of a dying man because a person on the verge of death is not likely to tell lies or to concoct a case so as to implicate an innocent person yet the Court has to be on guard against the statement of the deceased being a result of either tutoring, prompting or a product of has imagination. The

27 criappeal 498.2014.odt

Court must be satisfied that the deceased was in a fit state of mind to make the statement after the deceased had a clear opportunity to observe and identify his assailants and that he was making the statement without any influence or rancour. Once the Court is satisfied that the dying declaration is true and voluntary it can be sufficient to found the conviction even without any further corroboration."

25. In paragraph no.11 of the said judgment, the

Supreme court has observed that the Magistrate

recording the dying declaration must put direct

questions to the injured whether he was capable

mentally to record the statement. In the facts of this

cited case in paragraph no.11, the Supreme Court has

observed that the Magistrate further admitted that the

injured was taking time to answer the questions and

that the injured was very much suffering with pain.

There were 48 injuries on the person of the deceased

out of which there were 28 incised wounds on various

parts of the body including a few gaping incised injuries

on the body. In view of the serious injuries, the

Supreme court found it diffcult to believe that deceased

would have been in a ft state of mind to make a dying

declaration. In the back drop of these facts, the

Supreme Court has observed that Magistrate appears to

have committed a serious irregularity in not putting

direct questions to the injured whether he was capable

28 criappeal 498.2014.odt

mentally to give the answers. However, the facts in the

instant case are altogether different and as such the

ratio laid down by the Supreme Court in the cited case

is not applicable to the facts of the present case.

26. In a case of Suresh Arun Dodorkar Vs. State of

Maharashtra in criminal appeal no.776 of 2003 (supra),

relied upon by the learned counsel for the appellant, in

paragraph no.9 of the judgment, the Division Bench of

this Court has observed that dying declaration has to

pass all test of reliability as declarant is not available for

cross-examination and in cases where there are multiple

dying declarations and acceptance of one dying

declaration falsifes the other, the dying declarations

have to be necessarily rejected. In the facts of the said

case, in the frst dying declaration exhibit 24 deceased

Vimal had stated that the appellant under the infuence

of liquor used to beat her as he was suspecting her

character and while she was asleep, the appellant had

poured kerosene on her person and set her ablaze. In

the dying declaration exhibit 27 deceased Vimal however

had stated that in the evening when she had sent the

daughter of her neighour for purchasing wheat, but as

the said girl had not gone, she herself had gone and

29 criappeal 498.2014.odt

purchased the wheat. According to her, the appellant on

his return asked her as to why she had gone for

purchasing the wheat and what was the relationship

between her and shopkeeper. The appellant went out of

house and returned carrying a small plastic can of

kerosene and when deceased Vimal Asked him about

dinner, the appellant told her that he would not eat

anything prepared by her as she was of loose character

and on saying so her husband poured kerosene on her

and set her ablaze. In the backdrop of these facts, the

Division Bench of this Court observed that in case of

written dying declarations court cannot pick and choose

anyone dying declaration and all dying declarations

have to be consistent in respect of the material aspects

of the incident.

In the instant case, both the dying declarations

are consistent on material aspects and as such, inspires

the confdence of the Court.

27. In a case of Sanjyay Sakharam Ahire Vs State of

Maharashtra reported in 2013 SCC online Bom 1390,

relied upon by the learned counsel for the appellant, the

Division Bench of this Court in paragraph no.13 has

made similar observations that "in cases resting on

30 criappeal 498.2014.odt

multiple dying declarations, the dying declarations

should be consistent in material particulars. If the dying

declarations are at variance, it would not be open for the

court to pick and choose any one dying declaration

which would suit the prosecution and to base a

conviction on the said dying declaration. The Division

Bench has placed the reliance on the earlier case of

Suresh s/o Arjun Dodorkar vs. State of Maharashtra

[2005 ALL MR (Cri) 1599] (supra).

28. In a case of Bhagirath Bhaurao Kanade Vs. State

of Maharashtra reported in 1997 BomCR (Cri) 168.

(supra), relied upon by the learned counsel for the

appellant, in paragraph no.20 of the judgment, the

Division Bench of this court has observed that "in such

a situation, the position is that there is a confict between

the dying declaration recorded by the Magistrate and the

dying declaration which is in the medical case papers,

regarding the manner in which Govinda sustained

injuries; whereas in the dying declaration recorded by the

Magistrate Prabhakar Takle, Govinda stated that the

appellant poured petrol on him and thereafter lighted a

match stick on his body and in the dying declaration

contained in the medical case papers, Govinda has

31 criappeal 498.2014.odt

mentioned that he was accidently burnt". Thus, the facts

of this case are altogether different and cannot be made

applicable to the facts of the present case.

29. In a case of State of State of Maharashtra Vs.

Sanjay Digambarrao Rajhans (supra), relied upon by

the learned counsel for the appellant, the Supreme

Court has also observed that 'dying declaration must

inspire full confdence in its truthfulness and

correctness and its intrinsic worth and reliability can be

determined from its tenore and contents where there are

more than one dying declarations, they must be tested

on the basis of consistency and probability.'

In the facts of the cited case there are

contradictions between the statement and statement

subsequently recorded by the Executive Magistrate in

respect of the motive and location of the petrol can on

the scooter. It is also observed by the Supreme Court

that the statement recorded by the Executive Magistrate

is also not totally reliable. Another statement recorded

by the I.O. soon thereafter containing unnecessary

minute details allegedly given by the deceased, who was

in serious condition, the Supreme Court has, therefore,

refused to believe those dying declarations.

32 criappeal 498.2014.odt

In the instant case, both the dying declarations

are found reliable, consistent and probable. There are

no contradictions. In the facts of the instant case, we

do not think that the investigating offcer has recorded

unnecessarily the minute details.

30. In a case of P. Mani Vs State of Tamilnadu

reported in (2006) 3 Supreme Court Cases 161 (supra),

relied upon by the learned counsel for the appellant, the

Supreme Court has observed that dying declarations

must be wholly reliable and in case of suspicion, the

Court should seek corroboration. However, the facts of

the case cited case are altogether different.

In the facts of the cited case, deceased was the

wife of the appellant and they were not in good terms.

Deceased nurtured grudge against him on the belief

that the appellant was having an affair with the another

woman. On the day of the incident, deceased bolted the

door of the house from inside. Upon hearing the same

and on seeing the smoke coming out of the room, PW 1,

2 and the appellant went back and broke open the door,

however, allegedly the appellant poured kerosene and

set on fre the deceased. In the backdrop of these facts,

the Supreme Court has observed that whether reliance

33 criappeal 498.2014.odt

should be placed on the dying declaration. It is observed

that the circumstances which have been brought on

record clearly point out that what might have stated in

the dying declaration may not be correct. Thus, the

observations made in the aforesaid case cannot be made

applicable to the facts and circumstances of the present

case.

32. In a case of Manohar Dadarao Landge Vs. State

of Maharashtra reported in 1999 SCC Online 608,

relied upon by the learned counsel for the appellant, the

Division Bench of this Court in paragraph no.40 has

made following observations :-

"40. The evidence with respect to the dying declaration recorded by the Executive Magistrate, thus, becomes doubtful. The learned Counsel for the appellant has also argued that the prosecution has not brought on record, the case papers of hospital at Kaij to show to the Court, that the physical condition of Savita was sufficiently good to make the statement. Only the certificate given by the Doctor on his subjective satisfaction is not sufficient. The prosecution ought to have produced on record, the other data recorded by the Doctor on her case papers with respect to her pulse, blood pressure, general physical condition, and nature of treatment given to her, for the Court to come to the conclusion, whether she was physically and mentally fit to make the statement."

In the facts of the case cited, the dying declaration

of Savita was recorded between 12.10 midnight to 12.35

hours in the night between 3 rd and 4th June, 1993. She

died at about 12.00 midnight at Ambajogai. Apparently,

no care was taken by the I.O. to bring before the court

34 criappeal 498.2014.odt

the true facts of the case. If as per the prosecution

case, Savita died at midnight between 3 rd and 4th June

1993 at Ambajogai, then defnitely her dying declaration

could not have been recorded at Kai between 00.10

hours to 00.35 hours during the same night.

In the backdrop of these facts, the Division Bench

of this Court has expressed the need of medical case

papers of the hospital of the case to fnd out physical

condition of Savita at the time of recording her

statement. Thus, the ratio laid down in the aforesaid

case is not applicable to the facts and circumstances of

the present case.

33. In a case Balak Ram Vs. State of U.P. reported in

(1975) Supreme Court Cases 219, relied upon by the

learned counsel for the appellant, in the facts of the

cited case, the Supreme Court in paragraph no.51, 52

and 53 has dealt with the issue of multiple dying decla-

rations and observed that it is not prudent to base the

conviction on a dying declaration made to an Investigating

Offcer. The prosecution relied very strongly on the three

dying declarations alleged to have been made by Tribeni

Sahai. The frst of these was made to Dharam Pal, the sec-

ond to the Investigating Offcer Yogendra Sharma and the

35 criappeal 498.2014.odt

third was made in the Budaun hospital before the Sub-Di-

visional Magistrate.

In the facts of the said case, considering the haste

made by the Investigating Offcer, the Supreme Court has

refused to consider the dying declaration recorded by the

Investigating offcer.

In the instant case, on the basis of the statement

cum-dying-declaration exhibit 43 recorded by the PW 8

PSI Somnath Shinde, crime came to be registered

initially for the offence punishable under sections 307 of

IPC and, thereafter, PW 3 Sanjay Gaidhani, Naib

Tahsildar recorded the statement of the deceased on the

same day after some hours. Thus, the ratio laid down

in the aforesaid case cannot be made applicable to the

facts of the present case.

34. We have carefully gone through the following three

cases i.e. a] Madhukar s/o Shrimant Mhaske and

another Vs. The State of Maharashtra reported in 1998

SCC online Bom 186, b] Sau Kamalbai Haribhau

Lastane Vs. State of Maharashtra through PSO

Nandgaon Khandeshwar reported in 2019 SCC online

Bom 757 and c] Dadarao Shripat Thorat Vs. State of

36 criappeal 498.2014.odt

Maharashtra in criminal appeal No.221 of 2014, wherein

the Division Bench of this Court has made certain

observations in the facts of the case. The facts of those

cases are altogether different and, thus, the

observations made in those cases cannot be made

applicable to the facts of the present case.

35. In case of Munnu Raja and another Vs. The

State of Madhya Pradesh reported in (1976) 3 Supreme

Court Cases 104, relied upon by the learned counsel for

the appellant, it is observed in the facts of the said case

that the investigating offcer has not requisitioned the

services of the Magistrate for recording the dying

declaration and, therefore, the Investigating offcers are

naturally interested in the success of the investigation and

the practice of the investigating offcer himself recording a

dying declaration during the course of investigation ought

not to be encouraged.

In the instant case, facts are altogether different

and thus the ratio laid down by the Supreme Court in

the aforesaid case cannot be made applicable to the

facts of the present case.

37 criappeal 498.2014.odt

36. In a case of Laxman Vs. State of Maharashtra

reported in (2002) 6 Supreme Court Cases 710, the

Supreme Court in paragraph no.3 has made following

observations :-

"3. The juristic theory regarding acceptability of a dying declaration is that such declaration is made in extremity, when the party is at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced, and the man is induced by the most powerful consideration to speak only the truth. Notwithstanding the same, great caution must be exercised in considering the weight to be given to this species of evidence on account of the existence of many circumstances which may affect their truth. The situation in which a man is on deathbed is so solemn and serene, is the reason in law to accept the veracity of his statement. It is for this reason the requirements of oath and cross-examination are dispensed with. Since the accused has no power of cross- examination, the court insist that the dying declaration should be of such a nature as to inspire full confidence of the court in its truthfulness and correctness. The court, however has to always be on guard to see that the statement of the deceased was not as a result of either tutoring or prompting or a product of imagination. The court also must further decide that the deceased was in a fit state of mind and had the opportunity to observe and identify the assailant. Normally, therefore, the court in order to satisfy whether the deceased was in a fit mental condition to make the dying declaration looks up to the medical opinion. But, where the eyewitnesses state that the deceased was in a fit and conscious state to make the declaration, the medical opinion will not prevail, nor can it be said that since there is no certification of the doctor as to the fitness of the mind of the declarant, the dying declaration is not acceptable. A dying declaration can be oral or in writing and in any adequate method of communication whether by words or by signs or otherwise will suffice provided the indication is positive and definite. In most cases, however, such statements are made orally before death ensues and is reduced to writing by someone like a magistrate or a doctor or a police officer. When it is recorded, no oath is necessary nor is the presence of a magistrate is absolutely necessary, although to assure authenticity it is usual to call a magistrate, if available for recording the statement of a man about to die. There is no requirement of law that a dying declaration must necessarily be made to a magistrate and when such statement is recorded by a magistrate there is no specified statutory form for such recording. Consequently, what evidential value or weight has to be attached to such statement necessarily depends on the facts and circumstances of each particular case. What is essentially required is that the person who records a dying declaration must be satisfied that the deceased was in a fit state of mind. Where it is proved by the testimony of the Magistrate

38 criappeal 498.2014.odt

that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. A certification by the doctor is essentially a rule of caution and therefore the voluntary and truthful nature of the declaration can be established otherwise."

Bearing in mind the aforesaid principle, the dying

declarations in the instant case complete the test laid

down in the aforesaid case.

37. In case of Purushottam Chopra Vs. State

(Government of N.C.T.) Delhi (supra), relied upon by

the learned APP, the Supreme Court has referred the

principles relating to admission and acceptability of the

statement made by the victim representing the cause of

death, as laid down by Constitution Bench in a case of

Laxman Vs. State of Maharashtra reported in (2002) 6

SCC 710. In paragraph no.18.2 the Supreme court has

referred the principles summed up by the constitution

bench in the Laxman's case as regards the acceptability

of the dying declaration. Paragraph nos.18, 18.1, 18.2

and 18.3 reads thus :-

Admission and acceptability of dying declaration : The principles

18. The principles relating to admission and acceptability of the statement made by a victim representing the cause of death, usually referred to as a dying declaration, are well settled and a few doubts as regards pre-requisites for acceptability of a dying declaration were also put at rest by the Constitution Bench of this Court in the case of Laxman v. State of Maharashtra: (2002) 6 SCC 710.

39 criappeal 498.2014.odt

18.1. In the said case of Laxman, conviction of the appellant was based on dying declaration of the deceased which was recorded by the Judicial Magistrate. The Session Judge and the High Court found such dying declaration to be truthful, voluntary and trustworthy; and recorded conviction on that basis. In appeal to this Court, it was urged with reference to the decision in Paparambaka Rosamma and Ors. v. State of Andhra Pradesh : 1999 CriLJ 4321 that the dying declaration could not have been accepted by the Court to form the sole basis of conviction since certification of the doctor was not to the effect that the patient was in a fit state of mind to make the statement. On the other hand, it was contended on behalf of the State, with reference to the decision in Koli Chunilal Savji and Anr. v. State of Gujarat: 1999 CriLJ 4582, that the material on record indicated that the deceased was fully conscious and was capable of making a statement; and his dying declaration cannot be ignored merely because the doctor had not made the endorsement about his fit state of mind to make the statement. In view of these somewhat discordant notes, the matter came to be referred to the Larger Bench.

18.2 The Constitution Bench in Laxman summed up the principles applicable as regards the acceptability of dying declaration in the following :-

"3.The juristic theory regarding acceptability of a dying declaration is that such declaration is made in extremity, when the party is at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced, and the man is induced by the most powerful consideration to speak only the truth. Notwithstanding the same, great caution must be exercised in considering the weight to be given to this species of evidence on account of the existence of many circumstances which may affect their truth. The situation in which a man is on the deathbed is so solemn and serene, is the reason in law to accept the veracity of his statement. It is for this reason the requirements of oath and cross-examination are dispensed with. Since the accused has no power of cross- examination, the courts insist that the dying declaration should be of such a nature as to inspire full confidence of the court in its truthfulness and correctness. The court, however, has always to be on guard to see that the statement of the deceased was not as a result of either tutoring or prompting or a product of imagination. The court also must further decide that the deceased was in a fit state of mind and had the opportunity to observe and identify the assailant. Normally, therefore, the court in order to satisfy whether the deceased was in a fit mental condition to make the dying declaration looks up to the medical opinion. But where the eye witnesses state that the deceased was in a fit and conscious state to make the declaration, the medical opinion will not prevail, nor can it be said that since there is no certification of the doctor as to the fitness of the mind of the declarant, the dying declaration is not acceptable. A dying declaration can be oral or in writing and any adequate method of communication whether by words or by signs or otherwise will suffice provided the indication is positive and definite. In most cases, however, such statements are made orally before death ensues and is reduced to writing

40 criappeal 498.2014.odt

by someone like a Magistrate or a doctor or a police officer. When it is recorded, no oath is necessary nor is the presence of a Magistrate absolutely necessary, although to assure authenticity it is usual to call a Magistrate, if available for recording the statement of a man about to die. There is no requirement of law that a dying declaration must necessarily be made to a Magistrate and when such statement is recorded by a Magistrate there is no specified statutory form for such recording. Consequently, what evidential value or weight has to be attached to such statement necessarily depends on the facts and circumstances of each particular case. What is essentially required is that the person who records a dying declaration must be satisfied that the deceased was in a fit state of mind. Where it is proved by the testimony of the Magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. A certification by the doctor is essentially a rule of caution and therefore the voluntary and truthful nature of the declaration can be established otherwise." 18.3. The Constitution Bench affirmed the view in Koli Chunilal Savji while holding that Paparambaka Rosamma (supra), was not correctly decided. The Court said,-

"5.......It is indeed a hyper technical view that the certification of the doctor was to the effect that the patient is conscious and there was no certification that the patient was in a fit state of mind especially when the Magistrate categorically stated in his evidence indicating the questions he had put to the patient and from the answers elicited was satisfied that the patient was in a fit state of mind whereafter he recorded the dying declaration. Therefore, the judgment of this Court in Paparambaka Rosamma vs. State of A.P. must be held to be not correctly decided and we affirm the law laid down by this Court in Koli Chunilal Savji v. State of Gujarat (1999) 9 SCC 562."

38. Thus, in view of the discussion above and in terms

of the ratio laid down by the Supreme Court in case of

Purushottam Chopra Vs. State (Government of N.C.T.)

Delhi by referring the principles laid down by the

Constitution Bench of the Supreme Court in a case of

Laxman Vs. State, we fnd that both the dying

declarations exhibit 31 and exhibit 43 are consistent on

material parts and inspire the confdence. We are of the

41 criappeal 498.2014.odt

view that the appellant has been rightly held guilty for

the offence punishable under section 302 of the Indian

Penal Code by the Trial Court and thus no case is made