JUDGMENT R.P. Awasthy, J. 1. It is an appeal against the finding of holding the accused/appellant guilty for committing an offence punishable under section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life. 2. The accused did not dispute that Renuka Talan (since deceased) was his Cousin (daughter of the sister of his mother) and he was residing along with Renuka Talan at Village Jyotipur, where Renuka was serving as a clerk in I.D.C.S. It has also not been disputed that when Renuka caught fire he was present in the same house and on Renuka sustaining burn injuries he had called Kumkumnath (PW/11). On being asked by Belalal (PW 14), the accused took Renuka from their house to the hospital on a Rickshaw. At the said Government Hospital, Gaurella, the accused was medically examined by Dr. M. P. Khare (PW/2) and in the said medical examination, he found burn injuries on the hands and fore-arm of the accused. Hair and eyelashes of the accused were also found to have been burnt. It has also not been disputed that Renuka Talan died on account of burn injuries sustained by her. 3. Prosecution case is that there was a love affair between accused and a nurse by name Nisharani Daniel. Accused used to bring Nisharani Daniel to the house at village Jyotipur, which was in joint occupation of accused and his Cousin Renuka Talan. Renuka used to forbid accused from bringing Nisharani to their house, before marriage of Nisharani and the accused taking place. However, the accused did not use to pay any heed to the protest and disapproval of Renuka and continued to bring Nisharani to their house. He used to keep Nisharani, many a times, in the night also, in the said house at Jyotipur. 4. On 28-10-1989, Nisharani came to the house of the accused and Renuka and brought along with her Nirodh Condom, oral contraceptive pills and one tour diary. She remained in the night intervening on 28th and 29th of October, 1989 in the house of the accused and Renuka. She went on 29th of October, 1989 to Amarkantak. On 30-10-1989, Renuka expressed her annoyance and resentment regarding Nisha having been brought to her house and being kept in the night in the said house. Thereafter, the accused forcibly got two letters written by her. She went on 29th of October, 1989 to Amarkantak. On 30-10-1989, Renuka expressed her annoyance and resentment regarding Nisha having been brought to her house and being kept in the night in the said house. Thereafter, the accused forcibly got two letters written by her. Out of the said two letters, in one letter he got it written that she was committing suicide and in the other letter he got it written that she was resigning from her job. 5. Thereafter, he took Renuka to the kitchen of the said house and after pouring kerosene oil on her body he put fire on her person. Thereafter, he closed the door and started raising alarm that Renuka had herself poured kerosene oil and had herself put fire on her body. 6. On the alarm being raised by the accused, the persons residing in the vicinity came there and Renuka was admittedly brought to the Primary Health Centre, Gaurella. 7. On Dr. M. P. Khare (PW/2) medically examining Renuka on 31-10-1989 at the Primary Health Centre, Gaurella, he found 72% of burn injuries on the body of Renuka. As the condition of Renuka was not improving. Dr. M. P. Khare sent Renuka to Civil Hospital, Gaurella. Ex.P/17 is the medical report written by Dr. M. P. Khare (PW/2). Dr. Khare got packed and sealed the underwear and petticoat of Renuka and sent it with a letter (Ex.P/19) to Police Station, Gaurella through constable Janiram. 8. Sanjeevdas (PW/12) gave an intimation to Police Station, Gaurella regarding Renuka having sustained burn injuries. On the basis of the said intimation a Sanha Report No. 1263 dated 30-10-1989 at about 3.45 p.m. (Ex.P/16) was recorded at Police Station, Gaurella. After the said Sanha report being recorded, Head Constable Anusuiya Prasad (PW/15) was sent to Gaurella hospital, where he recorded unnumbered first information report (Ex.P/29). On the basis of the said unnumbered report, T.I. Shri D. P. Dwivedi (PW/19) registered an offence No. 283/89 at Police Station Gaurella as per numbered report (Ex.P/13). 9. As the condition of Renuka was precarious Dr. K. Satish Singh (PW/5) sent an information to Executive Magistrate Shri S P. Namdeo (PW/6), who came to the Primary Health Centre, Gaurella on 31-10-1989 at about 4.00 p.m. and recorded the dying declaration (Ex. P/8-A) in presence of Dr. K. Satish Singh. 9. As the condition of Renuka was precarious Dr. K. Satish Singh (PW/5) sent an information to Executive Magistrate Shri S P. Namdeo (PW/6), who came to the Primary Health Centre, Gaurella on 31-10-1989 at about 4.00 p.m. and recorded the dying declaration (Ex. P/8-A) in presence of Dr. K. Satish Singh. At that time Renuka was fully conscious and was in a fit state of giving a statement. In both of the said dying declarations, one recorded by Head Constable Anusuiya Prasad (PW/15) and the other recorded by Executive Magistrate, Shri S. P. Namdeo (PW/6), Renuka gave a dying declaration to the effect that it was the accused, who had poured kerosene oil and had put fire on her body. After giving the said statement, Renuka further gave a statement to the effect that the accused had forcibly got one letter written through her in which he got it forcibly mentioned that she was committing suicide. 10. On 1-11-1989, Renuka again gave a statement regarding her emoluments, which was recorded by Shri S. P. Namdeo (PW/6). Photo copy of the said statement was sent by Executive Magistrate Shri S. P. Namdeo (PW/6), to Police Station Gaurella. 11. On 4-11-1989, Renuka expired. Dr. N. L. Gupta (PW/18) sent a message to Police Station Gaurella regarding the death of Renuka. On the basis of the said information, report of unnatural death of Renuka (Ex.P/25) was recorded at Police Station, Gaurella. 12. Usual death inquest was conducted and thereafter Dr. R. C. Mishra (PW/1) conducted post mortem examination on her dead body. Dr. R. C. Mishra, on conducting autopsy on the dead body of Renuka, found 80% of burn injuries on the said dead body. In the opinion of Dr. R. C. Mishra, Renuka died of syncope on account of excessive burn injuries. ]13. After recording report (Ex.P/30), Town Inspector Shri B. P. Dwivedi (PW/19) went on 8-11-1989 to the house of Renuka Talan and seized from her house one tin container containing about one litre and a half of kerosene oil. He also seized one old Maxie which was soaked with kerosene oil and which was half burnt. He also seized one torn gunny bag from which bad smell of kerosene oil was coming. He also seized one old Maxie which was soaked with kerosene oil and which was half burnt. He also seized one torn gunny bag from which bad smell of kerosene oil was coming. One locket, which was also drenched with kerosene oil and in which burnt hair were entangled, half burnt hair lying on the floor, a plastic bar, one scissor, one pair of Hawai Chappal, two letters written by Renuka Talan and one inland letter were seized as per seizure memo (Ex.P/4). 14. On the same date one register on which Ku. Nisha Rani Daniel, was written, 40 oral contraceptive pills, 5 Nirodh Condoms were seized. Again the said place of the incident was sealed. The underwear and petticoat of Renuka were brought by Moolchand Gangotri. The same were seized as per seizure memo (Ex.P/31). One photograph of the place of the incident was taken and patwari prepared a map (Ex.P/9) of the place of the incident. 15. After completion of investigation, a report under section 173, Criminal Procedure Code was filed in the Competent Court. On the charge being framed and explained to the accused, the accused pleaded not guilty. 16. The defence of the accused appears to be that one day prior to the date of incident, oral contraceptive pills and Nirodh Condoms were found in the suit-case of Renuka. On the said incriminating articles being found in the suit-case of Renuka, the accused told Renuka that he would make a complaint to her Aunt, who had brought up Renuka and the accused. Renuka had pleaded that the accused should not report the said matter to her Aunt. But the accused had told Renuka that he would definitely report the matter to her Aunt, Priyawati Charan (PW/13). Upon it Renuka told the accused that if he would make a complaint regarding the said aspect, she would consume poisonous substance or would cause her death by causing burn injuries to herself. In spite of it the accused had told her that he was getting information regarding her illicit relations and therefore, he would report the matter to their Aunt Priyawati Charan (PW/13). 17. On the next date also a conversation took place between him and Renuka. Renuka again pleaded that the accused should not report the said matter to anyone and that the rumours or informations against her, regarding illicit relations with some one, are all false. 18. 17. On the next date also a conversation took place between him and Renuka. Renuka again pleaded that the accused should not report the said matter to anyone and that the rumours or informations against her, regarding illicit relations with some one, are all false. 18. The accused has further pleaded that thereafter Renuka went inside the kitchen for bringing food for him. At that time he was present in his living room. Few minutes thereafter, the accused heard the alarm raised by Renuka that she had caught fire and that she was burning. Accused rushed to the kitchen of their house and tried to extinguish fire which was there on the clothes and the body of Renuka. Neighbours came there and thereafter, he took Renuka to the hospital. He did not cause burn injuries to Renuka and that he has been falsely implicated in the said case. 19. After recording evidence in the case, the trial Court held the accuse guilty and sentenced his as detailed above. 20. It has been argued for the accused/appellant that in the report of post mortem examination, no burn injury was found on the left hand of Renuka. Therefore, thumb impression of left hand could have been taken on the alleged dying declaration (Ex. P/8-A) recorded by Executive Magistrate, Shri S. P. Namdeo. It has further been argued for the accused/appellant that if there were no burn injuries on the right hand of Renuka, she could have had signed the said dying declaration, because obviously, she was literate and was serving as a clerk. The said dying declaration was sent by the Executive Magistrate by post. The said dying declaration was not|, recorded by the Executive Magistrate in presence of the Investigating Officer. Therefore, it has been argued the said dying declaration becomes a suspicious document. If the testimony of dying declaration having been given by Renuka is excluded from the record, there is absolutely no other evidence to indicate that it was the accused, who bad sprinkled kerosene oil on the body of Renuka and had put fire on her, thereafter. It has also been argued that Renuka did not give a dying declaration soon after the incident and according to our Aunt, who has been declared hostile by the prosecution Renuka told her that she had committed suicide. 21. It has also been argued that Renuka did not give a dying declaration soon after the incident and according to our Aunt, who has been declared hostile by the prosecution Renuka told her that she had committed suicide. 21. It has further been argued that contraceptives were found in the sleeping room of Renuka and since she had illicit relations with someone and the accused used to forbid her, Renuka committed suicide and falsely implicated the accused. It has also been argued that the motive which has been alleged for committing the said offence is not sufficient for committing such a heinous offence of burning his sister to death with whom the accused was admittedly residing. 22. In reply it has been argued for the respondent/State that there is absolutely no reason to discredit the testimony pertaining to consistent dying declaration given by Renuka. There appears to be no reason as to why she would falsely implicate the accused. There was absolutely no reason for her to commit suicide. Thus the testimony available on record, conclusively goes to indicate that it was the accused and the accused alone, who had committed the said offence. 23. From the medical evidence available on record, it is fully established that Renuka died due to burn injuries sustained by her. Therefore, main point for determination in the present case is and was as to whether, the prosecution has fully succeeded in establishing beyond any reasonable doubt that it was the accused and the accused alone, who had caused the said burn injuries on the person of Renuka. 24. Obviously, most of the argument advanced for the appellant is simply unacceptable and we do not get any assistance from the said argument. It is always desirable and is a practice which is now hardened into a rule that dying declaration should not be recorded by a Magistrate in presence of an Investigating Officer, for the purpose of obviating possibility of the Investigating Officer prompting the injured to give a particular statement. It has also been always considered prudent that the dying declaration recorded by the Magistrate should be sent separately by some independent agency, like, by post or by some special messenger and, not through the agency of police, lest there may be any chance of manipulation in the dying declaration. 25. It has also been always considered prudent that the dying declaration recorded by the Magistrate should be sent separately by some independent agency, like, by post or by some special messenger and, not through the agency of police, lest there may be any chance of manipulation in the dying declaration. 25. The argument that thumb impression of left hand or the signature of Renuka should have had been obtained is also of no significance, as, there is absolutely no reason to disbelieve the testimony given by two wholly reliable and independent witnesses viz. Shri S. P. Namdeo (PW/6), Executive Magistrate and Doctor Shri K. Sateesh Singh (PW/8). Even by imagination, it could not be suggested as to why these responsible and unconcerned officers would try to concoct a false or spurious dying declaration simply to implicate in a false case, the present accused/appellant, with whom they had absolutely no animus or illwill. It has not been brought on record even to suggest that these two officers had even any concern with the affairs of the accused. Therefore, obviously we do not get any assistance from the arguments advanced for the accused/appellant. 26. Now it has to be seen as to whether from the evidence available on record, it can be definitely held that it was the accused, who had forcibly compelled Renuka to write one suicide note and the other letter of resignation (Ex. P/7) and thereafter put Renuka on fire. 27A. Four theories appear to be emerging in the present case. It is possible that the accused might have had forcibly compelled Renuka to write the said two letters as he might have been wielding great influence on Renuka and therefore, Renuka meekly wrote the said two letters without raising any alarm or without any protest and thereafter, the accused, after pouring kerosene oil on her clothes and body put fire on her person. Second theory is that the accused got contraceptive pills and condoms placed either in the suit-case or in the room of Renuka for the purpose of black-mailing her and the accused taking undue advantage of this situation got those two letters written from Renuka and Renuka might have had not been able to or in a position to resist or oppose the accused, as the said incriminating articles were found in her suitcase and therefore, she meekly wrote the said two letters and thereafter, the accused put an end to her life. 27-B. Third theory is that the accused got the said contraceptive pills planted through Nisharani Daniel (PW/17) in the suit-case of Renuka, so that she might not be able to protest against the conduct of the accused in bringing Nisharani Daniel (PW/17) to their house prior to their marriage. Thereafter, the accused tried to black-mail Renuka that he would report the matter to their Aunt, in case Renuka prohibits the accused from bringing Nisharani Daniel to their house. Thereafter, on finding her good name and reputation at stake and her image tarnished, Renuka committed suicide by herself putting fire after pouring kerosene oil on her body and clothes. 27-C Fourth theory is that the defence taken by the accused that on such incriminating articles being found with Renuka, the accused threatened her that he would report the matter to their Aunt and on finding her reputation being tarnished she committed suicide and thereafter implicated the accused. 28. Fifth supposition or theory may be that Renuka was suffering from leprosy and therefore, she committed suicide after writing the said suicide note. However, this fifth theory, which has been suggested in the cross-examination of Ku. Priyawati Charan (PW/13), who has been declared hostile by the prosecution, has not even been adopted by the accused himself. It deserves to be outright rejected at the very out set a in the medical examination of Renuka or post mortem examination of her dead body no signs of Renuka suffering from leprosy were found. Therefore, this surmise or conjecture simply is unsustainable and merits no further discussion. 29. In the dying declaration (Ex. P/8-A) and in the report of Post mortem examination, age of Renuka has been mentioned as 30 years and 32 years respectively. Thus, Renuka was a lady of matured age and was older in age than the accused. Therefore, this surmise or conjecture simply is unsustainable and merits no further discussion. 29. In the dying declaration (Ex. P/8-A) and in the report of Post mortem examination, age of Renuka has been mentioned as 30 years and 32 years respectively. Thus, Renuka was a lady of matured age and was older in age than the accused. Therefore, it appears rather very curious and strange that Renuka would have had written a suicide note without any demur or protest, on being either beaten by the accused or on being criminally intimidated that she would be beaten if she would not write the said letters. It is needless to mention that the life is dearest to a person and Renuka, a literate lady, serving as a clerk in an institution would have naturally understood the import or the meaning of the letters which she was being allegedly compelled to write. Therefore, it does not appear likely that Renuka would have had written the said letters without any protest or resistance or without raising any alarm, on being beaten or on being threatened to be beaten. Therefore, this theory appears To be rather remote to us. 30. Second theory that since the incriminating articles were got planted by the accused, Renuka could not resist the accused in writing the said letters also appears to be comparatively remote, because, in that case also Renuka would have had protested because it was quite clear that she was going to lose her life after writing the said letters. 31. Therefore, the third theory appears to us to be most probable that accused got the contraceptive pills and condoms planted through Nisharani Daniel (PW/17) in the belongings of Renuka or, in her suit-case. Thereafter, the accused tried to black-mail her, so that Renuka might not resist his bringing Nisharani Daniel to their house. Looking to the situation that her good name and reputation would be tarnished, Renuka herself and without any coercion wrote the said two letters, at the first impulse, and thereafter committed suicide by pouring kerosene oil and putting fire on her person. Thereafter, when she found herself in such an afflicted and painful situation, she felt and thought that it was the accused who was responsible for the said excruciating situation which she was facing and therefore, she named the accused as the person who had put fire on her body. Thereafter, when she found herself in such an afflicted and painful situation, she felt and thought that it was the accused who was responsible for the said excruciating situation which she was facing and therefore, she named the accused as the person who had put fire on her body. From this third theory, we get explanation as to how and why the said two letters (Ex.P/6) and (Ex.P/7) viz. suicide note and resignation letter were written by Renuka without any protest or without raising any alarm. This theory also explains as to why Renuka named the accused as the culprit. Therefore, in our opinion, it is not safe to act upon the dying declarations given by Renuka, without any independent corroboration coming forth and available in the present case. 32. In this regard, is may be pertinent to mention that dying declaration is treated as a substantive evidence only on account of "Rule of Necessity". Though, the Court would not insist on any independent corroboration if it is satisfied that the said dying declaration is a statement of truth, yet if the Court feels that the said dying declaration is such that implicit reliance on it cannot be placed or that the said dying declaration cannot be said to be acceptable on its face value then the Court would be justified in finding as to whether there is any independent corroboration of the said dying declaration. It is so because dying declaration is also a testimony like any other testimony and no special sanctity is attached to it, merely because such a statement has been given by a dying person or an injured person who might (or might not) be expecting that he would die. On the other hand, the testimony of dying declaration suffers from an inherent weakness that it cannot be tested on the touch stone or test of cross-examination. It is not improbable that a dying declaration may be given, for the purpose of retaliation or retribution, against a particular person on account of whom the afflicted person was made to suffer any supposed or real hardship or had to face imagined or real sorrow. 33. Consequently, in our opinion, it is not safe to act upon the said dying declaration given by Renuka, without any independent corroboration coming forth or available in the present case. 33. Consequently, in our opinion, it is not safe to act upon the said dying declaration given by Renuka, without any independent corroboration coming forth or available in the present case. However, there is absolutely no other evidence available on record to corroborate or to lend assurance to the credibility of the said dying declarations. 34. Consequently, in our opinion, the accused is entitled to get benefit of doubt. In the result, the present appeal is allowed and on being given benefit of doubt, the accused is acquitted of the charge framed against him. The accused is confined in jail. He be set at liberty forthwith, if not required in any other case. 35. The order pertaining to the disposal of the articles produced in the Court, passed by the trial Court is however maintained and confirmed.