JUDGMENT R.L. Khurana, J.—The appellant, Raj Kumar, hereinafter referred to as the accused stands convicted by the learned Additional Sessions Judge, Mandi, in Sessions Trial No. 5 of 1996, vide judgment dated 22.12.1998, for the offences under Section- 302 and 307, Indian Penal Code, and has been sentenced as under: (a) rigorous imprisonment for life and fine of Rs. 5,000/- for the offence under Section 302, Indian Penal Code; and (b) rigorous imprisonment for seven years for the offence under Section 307, Indian Penal Code. 2. The prosecution story briefly may be thus stated. On 23.10.1995 at about 7 p.m., one Smt. Monika wife of PW 2 Amit Prakash was brought to District Hospital, Mandi, as a burn case. She was having about 60% burns. PW 3 Dr. Jiwa Nand accordingly informed the police telephonically. On the basis of such information PW 15 Head Constable Onkar Singh went to the hospital and after obtaining the opinion of PW 3 Dr. Jiwa Nand that the injured Smt. Monika was fit to make a statement, recorded her statement Ex. PE/1 under Section 154, Code of Criminal Procedure, to the following effect:— “.............I got married about more than a year back. I am issueless. Today, on 23.10.1995, while I and my sister-in-law, namely, Chandan, after having done shopping at Indira Market on the occasion of Diwali, was returning home and while going up-stairs at about 7 p.m. my brother-in-law Raj who was hidding himself in the stairs poured petrol on me and my sister-in-law Chandan Kumari with a jug. I smelt petrol and both of us came down running towards the road. Raj chased us and set me on fire with a match stick. On my alarms, Naresh Tailor and some passers-by put out the fire. While leaving he (Raj) said that today I have lit your funeral pyre. Thereafter he ran away from the spot. I have been brought to the hospital by my sister-in-law Chandan Kumari and husband Amit Prakash besides other persons of the locality. Legal action be taken." 3. The above statement after having been recorded was sent to the Police Station and on its basis a case for the offence under Section 307, Indian Penal Code, came to be registered vide FIR No. 514/95, Ex. PW 14/-B. 4. PW 3 Dr. Legal action be taken." 3. The above statement after having been recorded was sent to the Police Station and on its basis a case for the offence under Section 307, Indian Penal Code, came to be registered vide FIR No. 514/95, Ex. PW 14/-B. 4. PW 3 Dr. Jiwa Nand, who carried out the medical examination of Smt. Monika, observed as under: "On examination the patient was crying with pain and saying that she had been burnt by her brother-in-law. She was conscious, responding to verbal commands, well oriented to time, place and memory. Vital signs : Pulse 100 per minute regular. H.R. 100 per minute regular. R.R. 35 per minute. Blood pressure was not recordable on arms. General Examination : There was smell of petrol from the body and clothes. Burns were present on face, scalp, more on frontal region. Hairs were burnt totally, neck all around, both upper arms with hands, chest, abdomen, back, both thighs all around and in the ingninal region. Total nearly 60% burns in the whole body. Clothes were completely burnt, except at few places where pieces of burnt clothes were attached to the body. Bra was intact but slightly charred. Underwear also charred but in contact with body. All clothes pieces were charred at places. The patient was treated and admitted in Female Surgical Ward." 5. In the opinion of PW 3 Dr. Jiwa Nand, the condition of the patient was due to burns dangerous to life. 6. On the same day PW 3 Dr. Jiwa Nand had also examined PW 11 Chandan Kumari. He observed as under:— "Smell of petrol/kerosene was present over her body. Clothes were wet at several places. There was wetting of hairs of scalp with petrol." 7. In the opinion of PW 3, petrol was present on the body, clothes and hairs of Smt. Chandan Kumari. 8. PW 3 Dr. Jiwa Nand had also examined the accused on having been brought to him by the police on the same day. The accused was conscious, talking normally. His pulse rate was 80 per minute. He was though smelling alcohol, he was not intoxicated and was well oriented to time, place and memory. 9. Investigation of the case was carried out by PW 17 Ravinder Singh, the then Inspector of Police at Mandi. He took into possession a plastic jug which was smelling petrol from the stairs. His pulse rate was 80 per minute. He was though smelling alcohol, he was not intoxicated and was well oriented to time, place and memory. 9. Investigation of the case was carried out by PW 17 Ravinder Singh, the then Inspector of Police at Mandi. He took into possession a plastic jug which was smelling petrol from the stairs. Pieces of clothes of Smt. Monika were also taken into possession from the spot. Clothes of PW 11, Smt. Chandan Kumari, Which she was wearing at the time of occurrence were also taken into possession. He also recorded the statement of Smt. Monika, Ex. PW 8/B, in the presence of an Executive Magistrate PW 8 Shri Moti Lal on 24.10.1995. The statement of PW 11, Smt. Chandan Kumari, under Section 164, Code of Criminal Procedure, was also got recorded in the court of the Chief Judicial Magistrate, Mandi. 10. During investigation it was revealed that PW 2 Amit Prakash and the accused sire real brothers. They have two other brothers. Smt. Monika, the injured, is the wife of PW 2, PW 11 Smt. Chandan Kumari is the sister of PW 2 and the accused. After the death of their father, PW 2, the accused and their two other brothers were living together with their mother in the house at Tarna Road, Mandi. The accused had picked-up the vice of drinking and as such his behaviour with his mother, brothers and sister was not good. He had been picking-up quarrels with everyone in the market. He was using foul language in the house and at times would smash household articles. In view of his behaviour, the accused was separated from the family and he was given two rooms on the ground floor of the building. One room was being used by the accused as residence while the other as a workshop for repair of auto-vehicles. This happened in 1989-90. 11. The investigation also revealed that on the occasion of Holi in 1995, the accused had shaved his head and had tied a black cloth on his head. He had then gone to the residence of his mother where he applied colour to his mother and sister (PW 11). Since both the mother and sister were not carrying on well with the accused, they objected to the application of colour by him. He had then gone to the residence of his mother where he applied colour to his mother and sister (PW 11). Since both the mother and sister were not carrying on well with the accused, they objected to the application of colour by him. The accused thereupon is alleged to have applied a cut on his arm and then had applied his blood on the face of his mother and sister. 12. It was found in the course of investigation that on 23.10.1995, Smt. Monika alongwith her sister-in-law, PW 11 Smt. Chandan Kumari had gone to the market for making purchases for Diwali. After making purchases, they were on their way to their house on Tarna Road and were going up-stairs carrying goods in their hands. They had hardly covered about 16 steps when the accused appeared all of a sudden and poured petrol with the help of a jug on Smt. Monika and PW 11. Smelling petrol, both Smt. Monika and PW 11, in order to save themselves, started running downstairs. While so running, Smt. Monika happened to fall, while PW 11 was able to escape and take shelter in the shop of PW 12 Yog Raj. The accused, who was chasing Smt. Monika and PW 11, lighted a match-stick and set Smt. Monika on fire. The accused then is alleged to have proclaimed that he had lit the funeral pyre of Smt. Monika. He then ran after PW 11 and when he reached near the shop of PW 12, Yog Raj he was caught by some boys and was given thrashings by them due to which he had retraced his steps. On hearing the cries of Smt. Monika, PW 10 Naresh, a tailor having his shop near the place of occurrence and certain passers-by tried to save Smt. Monika from burning with the help of a pull-over. Information of the incident was given to PW 2 Amit Prakash, the husband of Smt. Monika, who immediately arrived at the spot and then Smt. Monika was carried to the hospital. 13. Information of the incident was given to PW 2 Amit Prakash, the husband of Smt. Monika, who immediately arrived at the spot and then Smt. Monika was carried to the hospital. 13. Smt. Monika, who was admitted to the District Hospital, Mandi, on 23.10.1995 at about 7 p.m., was referred to PGI, Chandigarh for expert treatment on 24.10.1995 at about 9.45 p.m. She ultimately succumbed to her injuries at PGI, Chandigarh on 29.10.1995 at about 5.10 a.m. The case which was originally registered for the offence under Section 307, Indian Penal Code, vide FIR Ex. PW 14/B was converted into the one for murder and the offence under Section 302, Indian Penal Code was added. 14. The post-mortem examination of the dead body was carried out at PGI, Chandigarh, by PW 16, Dr. Dalbir Singh. The cause of death was found to be "shock due to septicemia as a result of 55% septic burns which were ante-mortem in nature". In the opinion of PW 16, the deceased could have sustained the burns as a result of sprinkling of petrol on her and thereafter fire being lighted/caused. 15. The accused was thus found to have committed the murder of Smt. monika by setting her on fire. He was also found to have committed an attempt to set PW 11 Smt. Chandan Kumari on fire with the intention to kill her. He was, therefore, charged and sent up for trial. 16. On having been charged for the offences under Sections 302 and 307, Indian Penal Code, the accused pleaded not guilty and claimed trial. His defence is that of denial simpliciter and false implication. 17. The prosecution in support of its case in order to bring home the offences against the accused, examined nineteen witnesses in all. No defence was, however, led by the accused. 18. The learned Additional Sessions Judge, upon consideration of the material placed before him, found the accused guilty of the offence under Section 302, Indian Penal Code, for having committed the murder of Smt. Monika by setting her on fire. He also found the accused guilty of the offence under Section 307, Indian Penal Code, for having attempted to commit the murder of Smt. Chandan Kumari (PW 11) by pouring petrol on her. The learned Additional Sessions Judge accordingly convicted and sentenced the accused as aforesaid. 19. He also found the accused guilty of the offence under Section 307, Indian Penal Code, for having attempted to commit the murder of Smt. Chandan Kumari (PW 11) by pouring petrol on her. The learned Additional Sessions Judge accordingly convicted and sentenced the accused as aforesaid. 19. The present appeal has been preferred by the accused under Section 374, Code of Criminal Procedure, through Superintendent, Model Central Jail Nahan, assailing the conviction and sentence as imposed upon him by the learned Additional Sessions Judge. On the request of the accused, Ms. Shyama Dogra, Advocate, was appointed as counsel for the accused on State expenses under the provisions of H.P. State Legal Services Authority Regulations, 1996. 20. We have heard the learned counsel for the parties and have also gone through the record of the case. 21. The case of the prosecution primarily is based on the two dying declarations, Ex. PE/1 and Ex. PW 8/B, and the oral evidence comprising of the testimonies of PW 2, Amit Prakash, PW 10 Naresh Kumar, PW 11 Chandan Kumari and PW 12 Yog Raj, as well as the medical evidence. 22. Insofar as the two dying declarations, Ex. PE/1 and Ex. PW 8/B are concerned, the first, being Ex. PE/1, was recorded on 23.10.1995 at about 7.35 p.m., that is, immediately after the occurrence by PW 15, Head Constable Onkar Singh. This statement was initially recorded under Section 154, Code of Criminal Procedure, on the basis of which the present case was registered, and has been treated as a dying declaration after the death of Smt. Monika on 29.10.1995. This statement Ex. PE/1 was recorded by PW 18 in the presence of PW 3 Dr. Jiwa Nand, who had certified the deceased Smt. Monika to be fit for making a statement. 23. The second dying declaration was recorded by PW 17, Inspector Ravinder Singh, on 24.10.1995, in the presence of PW 8 Shri Moti Lal, District Revenue Officer-cum-Executive Magistrate, Mandi, on the deceased having been certified to be fit to make a statement by PW 19 Dr. Ajay Bhanu Gupta. 24. It is by now well settled that dying declaration is admissible in evidence and can form the basis for conviction, if found to be reliable. Ajay Bhanu Gupta. 24. It is by now well settled that dying declaration is admissible in evidence and can form the basis for conviction, if found to be reliable. While, it is in the nature of an exception to the general rule forbidding hearsay evidence, it is admitted on the premise that ordinarily a dying person will not falsely implicate an innocent person in the commission of a serious crime. This premise, which is based on the maxim "A man will not meet his maker with a lie in his mouth", is considered strong enough to set off the need that the maker of the statement should state so on oath and be cross-examined by the person who is sought to be implicated. In order that a dying declaration may form the sole basis for conviction without need for independent corroboration, it must be shown that person making it has the opportunity of identifying the person implicated and it is thoroughly reliable and free from blemish. If, on the facts and in the circumstances of the case, it is found that the maker of the statement was in a fit state of mind and had voluntarily made the statement on the basis of personal knowledge without being influenced by others and the court, on strict scrutiny, finds it to be reliable, there is no rule of law or even of prudence that such a reliable piece of evidence should not be acted upon unless it is corroborated. A dying declaration by itself is an independent piece of evidence and can be acted upon, without seeking any corroboration, if it is found to be otherwise true and reliable. 25. A dying declaration made by a victim in a fit mental condition and on the verge of death, has a special sanctity. At the solemn moment, a person is most unlikely to make a false statment. The shadow of impending death is itself the guarantee of the truth of his declaration as to the cause(s) and circumstances leading to his death. A dying declaration is almost sacrosanct. 26. At the solemn moment, a person is most unlikely to make a false statment. The shadow of impending death is itself the guarantee of the truth of his declaration as to the cause(s) and circumstances leading to his death. A dying declaration is almost sacrosanct. 26. Dealing with the question of evidentiary value to be attached to a dying declaration, the Supreme Court in Kundula Bala Subrahmanyam and another v. State of Andhra Pradesh, (1993) 2 SCC 684, has held: "Section 32(1) of the Evidence Act is an exception to the general rule that hearsay evidence is not admissible evidence and unless evidence is tested by cross-examination, it is not creditworthy. Under Section 32, when a statement is made by a person, as to the cause of death or as to any of the circumstances which result in his death, in cases in .which the-cause of that persons death comes into question, such a statement, oral or in writing, made by the deceased to the witness is a relevant fact and is admissible in evidence. The statement made by the deceased, called the dying declaration, falls in that category provided it has been made by the deceased while in a fit mental condition. A dying declaration made by person on the verge of his death has a special sanctity as at that solemn moment, a person is most unlikely to make any untrue statement. The shadow of impending death is by itself the guarantee of the truth of the statement made by the deceased regarding the causes or circumstances leading to his death. A dying declaration, therefore, enjoys almost a sacrosanct status, as a piece of evidence, coming as it does from the mouth of the deceased victim. Once the statement of the dying person and the evidence of the witnesses testifying to the same passes the test of careful scrutiny of the courts, it becomes a very important and a realiable piece of evidence and if the court is satisfied that the dying declaration is true and free from any embellishment such a dying declaration, by itself, can be sufficient for recording conviction even without looking for any corroboration. If there are more than one dying declarations then the court has also to scrutinise all the dying declarations to find out if each one of these passes the test of being trustworthy. If there are more than one dying declarations then the court has also to scrutinise all the dying declarations to find out if each one of these passes the test of being trustworthy. The court must further find out whether the different dying declarations are consistent with each other in material particulars before accepting and relying upon the same.......” 27. In the light of the above principles, we now proceed to examine the two dying declarations, Ex. PE/1 and Ex. PW 8/B. 28. As noticed above, the statement Ex. PE/1, was recorded by PW 15, Head Constable Onkar Singh, under Section 154, Code of Criminal Procedure on 23.10.1995 at 7.35 p.m. in the hospital and it is on the basis of this statement that a case for the offence under Section 307, Indian Penal Code, came to be registered vide FIR Ex. PW 14/B. 29. PW 3 Dr. Jiwa Nand has deposed that on the deceased Smt. Monika having been brought to the hospital with 60% burns, with the history of having been set on fire by her brother-in-law, he had informed the police telephonically. Such information was received at the Police Station by PW 15, Head Constable Onkar Singh, who immediately proceeded to the hospital. He made an application to PW 3 enquiring if the deceased Smt. Monika was fit to make a statement. PW 3 vide his endorsement Ex. PD/1 certified that the patient was fit to make a statement. The endorsement Ex. PD/1, reads:— "Pt. is conscious and is responding to verbal commands accurately. She is fit to give her statement now; 7.35 p.m." 30. PW 15 Head Constable thereafter recorded the statement Ex. PE/1 which also contains the certificate of PW 3 Dr. Jiwa Nand in the following terms:— "Statement taken in my presence and Pt. was conscious to give her statment." PW 3 Dr. Jiwa Nand, while appearing in court has deposed:— "Police also came to hospital and gave the application Ex. PD seeking opinion whether the patient was fit to make the statement on which I gave the opinion that she was fit to make a statement at that time, i.e., 7.35 p.m. and my report is Ex. PD/1 which is in my hand and signed by me. PD seeking opinion whether the patient was fit to make the statement on which I gave the opinion that she was fit to make a statement at that time, i.e., 7.35 p.m. and my report is Ex. PD/1 which is in my hand and signed by me. Thereafter, statement of Smt. Monika wife of Amit was recorded by the Police Officer and her thumb impression was put by Monika on the same in my presence and I gave the certificate below the statement which is in my hand and signed by me which is Ex.PE. The statement which Monika made in my presence is Ex. PE/1. Due to burns on the hand, she could not sign and, therefore, her right hand thumb impression was taken." 31. To the similar effect it has been deposed by PW 15 Head Constable Onkar Singh. Nothing could be elicited either from PW 3 or from PW 15 to show either that the deceased Monika was not in a fit mental condition to make the statement or that the same was not voluntary. 32. The learned counsel for the accused has assailed the statement Ex. PE/1 on the grounds that the same cannot be relied upon, since the same is hit by Section 162, Code of Criminal Procedure and that the same has not been recorded in question and answer form. 33. There is no merit in the contentions raised by the learned counsel for the accused. Any first information drawn up on the statement of a dying man is not hit by Section 162, Code of Criminal Procedure. 34. In State of Punjab v. Amarjit Singh, 1988 (Supp) SCC 704, it was held that where a Police Officer records a dying declaration even before the issuance of F.I.R. and commencement of investigation, he does so, not in the capacity of an investigation officer and such a dying declaration can be accepted if otherwise it is reliable. In this case also, the police officer had gone to the hospital on receiving information and had recorded the statement of the victim after obtaining the opnion from the doctor that the victim was fit to make a statement. The statement so recorded was then made the basis for registration of a case under Section 307, Indian Penal Code. In this case also, the police officer had gone to the hospital on receiving information and had recorded the statement of the victim after obtaining the opnion from the doctor that the victim was fit to make a statement. The statement so recorded was then made the basis for registration of a case under Section 307, Indian Penal Code. The victim died subsequently and such statement was treated as dying declaration and the accused therein was convicted on the basis of such dying declaration. 35. The above ratio applies to the facts of the present case on all fours. 36. Insofar as the objection that the statement has not been recorded in question and answer form is concerned, reliance was placed by the learned counsel for the accused on the decision of the Supreme Court in Khushal Rao v. State of Bombay, AIR 1958 SC 22, and in State (Delhi Admn.) v. Laxman Kumar, (1985) 4 SCC 476. 37. The Supreme Court in Ram Bihari Yadav v. State of Bihar and others, (1998) 4 SCC 517, in paragraph 9 of its judgment, while explaining the ratio laid down in the abovenoted two cases, reliance on which has been placed by the learned counsel for the accused, has held:— ".............This Court did not lay down, in any of the aforementioned cases, that unless the dying declaration is in question-answer form, it could not be accepted. Having regard to the sanctity attached to a dying declaration as it comes from the mouth of a dying person though, unlike the principle of English law he need not be under apprehension of death, it should be in the actual words of the maker of the declaration. Generally, the dying declaration ought to be recorded in the form of question and answers but if a dying declaration is not elaborate but consists of only a few sentences and is in the actual words of the maker the mere fact that it is not in question-answer form cannot be a ground against its acceptability or reliability. The mental condition of the maker of the declaration, alertness of mind, memory and understanding of what he is, saying, are matters which can be observed by any person. But to lend assurance to those factors having regard to the importance of the dying declaration, the certificate of a medically trained person is insisted upon. The mental condition of the maker of the declaration, alertness of mind, memory and understanding of what he is, saying, are matters which can be observed by any person. But to lend assurance to those factors having regard to the importance of the dying declaration, the certificate of a medically trained person is insisted upon. In the absence of availability of a doctor to certify the above-mentioned factors, if there is other evidence to show that the recorder of the statement has satisfied himself about those requirements before recording the dying declaration there is no reason as to why the dying declaration should not be accepted......” 38. The dying declaration Ex. PE/1, therefore, has been proved to have been made by the deceased voluntarily while in a fit state of mind and as such can be safely relied upon. 39. Next comes the dying declaration Ex. PW 8/B recorded by the Investigation Officer PW 17 Shri Ravinder Singh, on 24.10.1995, in the presence of PW 8 Shri Moti Lal, Executive Magistrate. This statement was also recorded after the deceased Smt. Monika was declared fit to make a statement by PW 19 Dr. Ajay Bhanu Gupta vide his endorsement Ex. PW 19/A made on the application Ex. PW 8/A to him by PW 19, Inspector Ravinder Singh. While appearing in court PW 19, Dr. Ajay Bhanu Gupta has categorically stated that Smt. Monika was found fit by him for making a statement. 40. PW 8, Moti Lal, the Executive Magistrate in whose presence the dying declaration Ex. PW 8/B was recorded, had also interrogated Smt. Monika and she had stated that she and PW 11 Chandan Kumari were returning home from the market and while they were going through the stairs, the accused had sprinkled petrol on her and PW 11 Chandan Kumari. While Chandan Kumari was able to escape, the accused had lighted a match stick and had set her (Monika) on fire. PW 8 also appended a certificate Ex. PW 8/C on the dying declaration Ex. PW 8/B in the following terms:— "Certified that the above statement of Smt. Monika w/o Shri Amit Prakash, bed No. 7, Septic ward, Zonal Hospital, Mandi, was recorded by S.H.O. Sadar, Mandi, Shri Ravinder Singh in my presence today on 24.10.1995. Smt. Monika has given her right thumb impression at the end in my presence." 41. This dying declaration Ex. PW 8/B in the following terms:— "Certified that the above statement of Smt. Monika w/o Shri Amit Prakash, bed No. 7, Septic ward, Zonal Hospital, Mandi, was recorded by S.H.O. Sadar, Mandi, Shri Ravinder Singh in my presence today on 24.10.1995. Smt. Monika has given her right thumb impression at the end in my presence." 41. This dying declaration Ex. PW 8/B has been assailed by the learned counsel for the accused on the following grounds:— (a) the same has not been recorded in question and answer form; (b) the time of recording the statement has not been mentioned; and (c) the same was not recorded in the presence of PW 19, Dr. Ajay Bhanu Gupta. 42. Insofar as the first objection is concerned, for the reasons recorded while discussing the first dying declaration, Ex. PE/1, the same has no merit and as such liable to be rejected. 43. Admittedly, the time of recording the dying declaration has not been mentioned either by PW 17, Inspector Ravinder Singh on Ex. PW 8/B or by PW 8 Moti Lal, Executive Magistrate, in his certificate Ex. PW 8/C. According to the learned counsel for the accused, mentioning of such time was very material in order to appreciate the time gap between the certification of the deceased by PW 19 to be fit to make a statement and the actual recording of statement, Ex. PW 8/B. If much time had elapsed after PW 19 had declared the deceased to be fit to make a statement before the actual recording of statement Ex. PW 8/B, then it cannot be said that the deceased was, in fact, fit to make the statement. 44. We do not find force in the contention of the learned counsel for the accused. Reading the statements of PW 8 and PW 19 together, it is evident that they had reached the hospital in the afternoon of 24.10.1995. Immediately on reaching, opinion of PW 19 was obtained by PW 17 that the deceased was fit to make a statement. After having obtained such opinion, PW 17 then proceeded to record the dying declaration of the deceased in the presence of PW 8. There was thus hardly any time gap between the obtaining of opinion as to fitness of the deceased to make a statement and actually recording of the statement. Besides, as noticed earlier, PW 8 had also interrogated the deceased. There was thus hardly any time gap between the obtaining of opinion as to fitness of the deceased to make a statement and actually recording of the statement. Besides, as noticed earlier, PW 8 had also interrogated the deceased. She was found fit and had in fact narrated the occurrence to PW 8 in answer to his questions. 45. No doubt, the doctor PW 19 was not present at the time statement Ex. PW 8/B of the deceased was recorded by the Investigation Officer PW 17 Ravinder Singh. The fact that such statement was not recorded in the presence of PW 19 or any other doctor will not render the statement as not worthy of reliance and credibility. PW 19 had certified the deceased to be fit to make the statement. Such statement was then recorded in the presence of PW 8 an Executive Magistrate. The law does not require that whenever a dying declaration is recorded, the same must necessarily be recorded in the presence of a doctor. 46. The second dying declaration Ex. PW 8/B, also has been proved to have been made by the deceased voluntarily while in a fit state of mind and thus can be safely made the basis for conviction of the accused. 47. The learned counsel for the accused has not been able to point out any infirmity or material contradiction(s) in the two dying declarations so as to make them doubtful and unreliable. 48. Though under the law, once a dying declaration is shown to be reliable, no corroboration thereto as such is necessary to convict an accused, however, in the present case, there is evidence which corroborates the two dying declarations, viz., the statement of PW 11 Chandan Kumari, who at the relevant time was accompanying the deceased and was an eye-witness. The accused had also sprinkled petrol on her in an attempt to kill her by setting her on fire. PW 10 Naresh had tried to save the deceased by putting off the fire with the help of a pull-over, while PW 12 Yog Raj is the shopkeeper in whose shop PW 11 Chandan Kumari had taken shelter while trying to save herself after the accused had sprinkled petrol on her. PW 3 Dr. PW 10 Naresh had tried to save the deceased by putting off the fire with the help of a pull-over, while PW 12 Yog Raj is the shopkeeper in whose shop PW 11 Chandan Kumari had taken shelter while trying to save herself after the accused had sprinkled petrol on her. PW 3 Dr. Jiwa Nand who had medically examined the deceased as well as PW 11 had noticed smell of petrol from the clothes and person of the deceased as well as PW 11 Chandan Kumari. The evidence given by PW 3, PW 10, PW 11 and PW 12 lends support, corroboration and assurance to the truth of the declarations made by the deceased in her statement Ex. PE/1 and Ex. PW 8/B. 49. A contention was raised on behalf of the accused that the accused had no intention to kill the deceased. At the most he intended to cause injuries to her. Such intention can be gathered from the fact that the deceased died after six days of the occurrence. Therefore, it is a case under Section 304, Part-II, Indian Penal Code. 50. We do not find any merit in the submissions made by the learned counsel for the accused. Setting a person on fire after sprinkling of petrol will only be with an intention to commit murder. There cannot be any other inference under such circumstances. Therefore, the accused stands rightly convicted for the offence under Section 302, Indian Penal Code, for having committed the murder of the deceased Smt. Monika. 51. Similarly, from the two dying declarations and other evidence coming on record, it stands proved beyond reasonable doubt that in an attempt to commit the murder of his own sister PW 11 Chandan Kumari, the accused had sprinkled petrol on her and she would also have been set on fire had she not been able to escape and take shelter in the shop of PW 12 Yog Raj. 52. Resultantly, there being no merit in the present appeal, the same is dismissed. The conviction and sentence imposed upon the accused are maintained. The accused is in jail and he would continue to remain in jail in order to serve out the sentences imposed upon him. 53. 52. Resultantly, there being no merit in the present appeal, the same is dismissed. The conviction and sentence imposed upon the accused are maintained. The accused is in jail and he would continue to remain in jail in order to serve out the sentences imposed upon him. 53. Before parting, we must observe that though the offence under Section 307, Indian Penal Code, is punishable with imprisonment and fine, the learned Additional Sessions Judge has imposed only the sentence of imprisonment. No fine has been imposed. In the absence of an appeal by the State for enhancement of the punishment in respect of the offence under Section 307, Indian Penal Code, we do not propose to interfere with such sentence. Appeal dismissed.