JUDGMENT M.L. Singhal, J. - This is appeal by Radhey Ram against the judgment of Sessions Judge, Jalandhar, dated 8.5.(sic) whereby he (Radhey Sham) was convicted and sentenced by him to imprisonment for life and to pay fine of Rs. 1000/-, or in default of payment of fine further rigorous imprisonment for three months under Section 302 of the Indian Penal Code. 2. The prosecution case, in brief is that Smt. Kamla was married to Radhey Sham on 21.6.1995. It was Radhey Shams second marriage. While contracting marriage with Kamla, Radhey Sham had not disclosed her the factum of his earlier marriage. On 3.4.1996 Radhey Sham quarrelled with Kamla and quarrel was continuing since morning. At about 10/10.15 PM, Radhey Sham doused Kamla with kerosene and set her afire and he himself ran away. She was taken to the hospital by the neighbours. ASI Rounki Dass reached Civil Hospital, Jalandhar. Kamla was in precarious condition. He reached the residence of Sh. Gurbir Singh, Judicial Magistrate Ist Class, Jalandhar who was Duty Magistrate and submitted application Ex.PE before him, requesting him to record the statement Kamla. Sh. Gurbir Singh, Judicial Magistrate Ist Class, Jalandhar accordingly reached Civil Hospital, Jalandhar. Before recording her statement, Sh. Gurbir Singh, Judicial Magistrate Ist Class, Jalandhar vide endorsement Ex.PE/1 had asked Dr. Gurdev Singh Toor, Emergency Medical Officer who was on emergency duty in the hospital whether Kamla was fit to make statement. Doctor vide endorsement Ex.PE/2 declared her fit to make statement. Sh. Gurbir Singh, Judicial Magistrate Ist Class, Jalandhar then recorded the statement of Kamla Ex.PE/3. Kamla remained conscious throughout, her statement was being recorded. That statement was read over to her. She thumb marked that statement in token of its correctness. Doctor gave certificate Ex.PE/4 on the foot of statement that she remained conscious throughout while making statement. Magistrate also put endorsement Ex.PE/5 on the foot of that statement that he recorded the statement of Kamla in his own hand in the presence of Dr. Gurdev Singh. Her statement was recorded in question-answer form. He had satisfied himself about the fitness before embarking upon the recording of her statement. On the statement of Kamla FIR No. 43 of 1996 was registered at Police Station Division No. 6, Jalandhar under Section 307 of the Indian Penal Code. 3. Kamla succumbed to burn injuries in Civil Hospital, Jalandhar on 4.4.1996 at 11.30 AM. He had satisfied himself about the fitness before embarking upon the recording of her statement. On the statement of Kamla FIR No. 43 of 1996 was registered at Police Station Division No. 6, Jalandhar under Section 307 of the Indian Penal Code. 3. Kamla succumbed to burn injuries in Civil Hospital, Jalandhar on 4.4.1996 at 11.30 AM. Offence was then converted into one under Section 302 of the Indian Penal Code. ASI Rounki Dass held inquest Ex.PC on the dead body of Kamla. Dr. Gurmeet Singh, Medical Officer Civil Hospital, Jalandhar carried out autopsy on the dead body of Kamla on 4.4.1996 at 3.00 PM. The body was emitting smell of kerosene. Dr. Gurmeet Singh noted superficial to deep burns on all over the body excepting a part of right and left axilla, a part of scalp and a part of right fore-arm. The burns were to the extent of 95% and there was yellowish slough material in deeper wounds. Area of redness were seen on the healthy parts. Singeing of hair was present. In his opinion, cause of death was due to hypo-volemic shock and toxaemia due to burn injuries which were sufficient to cause death in the ordinary course of nature. Probably time that elapsed between injuries and death was within 24 hours and between death and post-mortem was within 6 hours. After investigation accused was challaned. 4. Case was committed to the Court of Session by Judicial Magistrate Ist Class, Jalandhar vide order dated 18.5.1996. 5. Accused was charged under Section 302 of the Indian Penal Code by Sessions Judge, Jalandhar vide order dated 5.6.1996. Accused pleaded not guilty to the charge and claimed trial. 6. At the conclusion of the trial, accused was convicted and sentenced by learned Sessions Judge, Jalandhar as indicated above. 7. We have heard the learned counsel for the appellant, learned Sr. Deputy Advocate General appearing for the State of Punjab and have gone through the record. 8. In this case, there is no eye-witness. Conviction rests upon the mere dying declaration of Kamla. 9. It was submitted by the learned counsel for the appellant that it would be unsafe to sustain conviction of the accused on the uncorroborated dying declaration of Kamla. 8. In this case, there is no eye-witness. Conviction rests upon the mere dying declaration of Kamla. 9. It was submitted by the learned counsel for the appellant that it would be unsafe to sustain conviction of the accused on the uncorroborated dying declaration of Kamla. It was submitted that it is true that conviction can well be recorded on the uncorroborated dying declaration but prudence requires that there should be some corroboration in support of dying declaration. It was submitted that in this case, there is no corroboration to the dying declaration alleged to have been made by Kamla. 10. In this case, there is corroboration to the dying declaration made by Kamla. Her brother Ram Naresh Yadav PW-2 has stated that Kamla was married on 21.6.1995 to Radhey Sham. After marriage, Kamla started putting up at Jalandhar with Radhey Sham. It may be mentioned here that Radhey Sham was Beldar in Municipal Corporation, Jalandhar. He received telephonic message from Kamla that Radhey Sham was mal-treating her and giving her beating. He asked her to adjust with the accused. She also told him on telephone that accused was suspecting her fidelity. In July, 1995, she came to them at Lucknow on the occasion of "Raksha Bandhan" alongwith Radhey Sham. She told that accused was harassing her and was putting pressure to bring dowry. On 9.12.1995 again they came to them at Lucknow on account of death of his brother Sham Sunder Yadav. Again she told that the accused was mal-treating and harassing her for dowry. He advised both of them to adjust with each other. Other members of the family also advised them like-wise. They told them that they would provide them things in accordance with their capacity. Then they returned to Jalandhar. On 1.4.1996 again, telephonic message was received from her that accused was threatening to kill her and was harassing her still more. He used to receive telephone on the telephone of their neighbour V.N. Pandey. His telephone No. is 0522386960. On 4.4.1996 at 9/9.30 PM, he telephoned Krishan Kumar-landlord of the house of Radhey Sham, who told him that Kamla had been burnt to death by the accused by pouring kerosene on her. His mother had already boarded a train for Jalandhar. He came to Jalandhar on 6.4.1996. 11. It is thus not a case where there is no corroboration to the dying declaration. 12. His mother had already boarded a train for Jalandhar. He came to Jalandhar on 6.4.1996. 11. It is thus not a case where there is no corroboration to the dying declaration. 12. It was next submitted by the learned counsel for the appellant that the alleged dying declaration should not be relied upon, as the Magistrate gave no certificate that she was fit to make statement before he embarked upon the recording of her statement. Sh. Gurbir Singh, JMIC PW-3 has stated that the doctor certified that she was fit to make statement and it was then that he began recording her statement. Doctor gave certificate after he had recorded statement that she remained conscious throughout the statement. At the foot of that statement, Magistrate also gave certificate that the dying declaration of Kamla was recorded by him in his own hand in the presence of Dr. Gurdev Singh Toor, EMO, Civil Hospital, Jalandhar. Dr. Gurdev Singh Toor was thus present throughout the recording of the statement of Kamla. He was keenly observing as to her mental state. If at any point of time, she had lost her mental state, he would not have appended certificate at the foot of her statement that she remained conscious throughout her statement. Magistrate too would not have continued with the recording of her statement. He would have stopped the recording of her statement saying that she has ceased to be in fit state of mind. He has stated that he had satisfied himself that she was fit to make statement. Magistrate has not given any certificate either at the beginning of the statement that she was fit or at the end of the statement that she was throughout fit to make statement. Fact that the Magistrate continued with the recording of her statement which is in question-answer form shows that she was in a fit mental state. 13. It was held in Koli Chuni Lal Savji v. State of Gujarat, (1999)9 Supreme Court Cases 562 that absence of doctors endorsement on, as to mental fitness of the deceased to make the declaration, the dying declaration would not lose its credibility. Requirement of such endorsement is only a rule of prudence and the ultimate test is whether the dying declaration is truthful and voluntary. 14. Requirement of such endorsement is only a rule of prudence and the ultimate test is whether the dying declaration is truthful and voluntary. 14. In Harjit Kaur v. State of Punjab, (1999)6 SCC 545, the Honble Supreme Court held that as regards the condition of Parminder Kaur, the witness has stated that he had first ascertained from the doctor whether she was in a fit condition to make statement and obtained an endorsement to that effect. Merely because that endorsement was made not on the dying declaration itself but on the application, that would not render the dying declaration suspicious in any manner. 15. With regard to the condition of the deceased, the Magistrate who recorded the dying declaration has been examined as a witness and he has stated that Kamla remained fit throughout the recording of her statement. He then made endorsement Ex.PE/5 on the foot of the statement of Kamla. He has stated that he began the recording of statement of Kamla after the doctor had certified that she was fit to make statement. 16. It was held in Laxman v. State of Maharashtra, (2002)6 Supreme Court Cases 710 by a Bench of five Honble Judges of the Apex Court that the Court must decide that the declarant was in a fit state of mind to make declaration but where the eye witnesses evidence (in the present case, the evidence of the Magistrate who had recorded the dying declaration) to that effect was available, mere absence of doctors certification as to the fitness of the declarants state of mind, would not ipso-facto render the dying declaration unacceptable. 17. In Laxman v. State of Maharashtra case (supra) the conviction of the accused-appellant was based on the dying declaration of the deceased recorded by the Judicial Magistrate. The Magistrate in his evidence had stated that he had put some questions to the victim to find out whether she was able to make the statement; whether she was set on fire; whether she was conscious and able to make the statement and on being satisfied he had recorded the statement of the deceased. There was a certificate of the doctor indicating that the patient was conscious. There was a certificate of the doctor indicating that the patient was conscious. The appellant contended that since the certification of the doctor was not be the effect that the patient was in a fit state of mind to make the statement, the dying declaration could not form the sole basis of conviction. 18. It was held that what is essential requirement 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 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. 19. In that case, there is a certificate by the doctor that she was fit to make statement. The Magistrate began recording her statement after the doctors certification that she was fit to make statement. After the statement of Kamla was recorded, at the foot thereof, doctor signed and the Magistrate as well. 20. In Laxman v. State of Maharashtra case (supra) the view taken in Paparambaka Rosamma and others v. State of A.P., 1999(4) RCR(Crl.) 104 (SC) was specifically over-ruled. 21. In Paparambaka Rosamma and others v. State of A.P., (1999)4 RCR(Crl.) 104 (supra) the view taken by a Bench of three Honble Judges of the Apex Court was that dying declaration recorded by the Magistrate will be of no consequence, if the doctor had certified only this much that the deceased was conscious during her statement but he had given no certificate that the deceased was in a fit statement of mind. The view taken was that one may be conscious but may not necessarily be in a fit state of mind. In medical science two states namely "conscious" and "fit state of mind" are distinct and not synonymous. 22. In the case in hand even at the cost of repetition, we must say that here the doctor had specifically certified before the commencement of the statement of Kamla and she was fit to make statement. At the end of her statement, he had certified that she remained conscious throughout her statement. 22. In the case in hand even at the cost of repetition, we must say that here the doctor had specifically certified before the commencement of the statement of Kamla and she was fit to make statement. At the end of her statement, he had certified that she remained conscious throughout her statement. Even otherwise the Magistrate who recorded her statement has stated that she was throughout fit when he was recording her statement. Why should the Magistrate have persisted in the recording of her statement if she at any point of time had lost her mental state to make statement. The Doctor and the Magistrate are both witnesses to the making of the dying declaration by her. There is no reason why should they not be believed. Krishan Lal PW-5 has also corroborated her statement. He has stated that on 3.4.1996 at 10.15/10.30 PM, he had gone to sleep after taking dinner. He heard cries. He went out. Kamla was in flames outside the room. He went there. Radhey Sham-accused was present there. He ran away. He and his father by pouring water extinguished the fire. In the adjoining house, some relation of Radhey Sham was residing. He had also come there. He and that person took Kamla to Civil Hospital, Jalandhar. 23. Radhey Sham did not obviously take her to the Civil Hospital for treatment of her burns. Fact that Radhey Sham did not take her to the hospital and instead she was taken to the hospital by Krishan Lal PW, will also impinge upon his innocence. 24. It was also submitted that by the learned counsel for the appellant that Kamla had suffered burns to the extent of 95% and if that was so, she could not be in a position to make such a long winded statement. 26. Suffice it to say, the fact that her husband doused her with kerosene and set her on fire appears in the very beginning of the statement. Whatever other questions were put to her by the Magistrate, they might have been put to her with a view to testing her mental fitness, alterness and memory. 27. For the reasons given above, we are of the opinion that the appellant was justifiably convicted and sentenced by the learned Sessions Judge, Jalandhar on the charge of murder of his wife Kamla. 27. For the reasons given above, we are of the opinion that the appellant was justifiably convicted and sentenced by the learned Sessions Judge, Jalandhar on the charge of murder of his wife Kamla. We accordingly maintain the conviction and sentence passed upon him by the learned Sessions Judge and dismiss the appeal. Appeal dismissed.