Judgment R.L.Anand, J. 1. Smt. Mamta, wife of Shri Mohinder Lal Khatri by caste, aged 62 years resident of Gali Jattanwali, inside Lahori Gate, Amritsar, has filed the present criminal appeal and it has been directed against the judgment and order dated 4.9.1997, passed by the Court of learned Sessions Judge, Amritsar, who convicted the appellant Under Section 302 of the Indian Penal Code for causing the murder of the daughter-in-law Smt. Minakshi @ Renu and sentenced her to undergo imprisonment and to pay a fine of Rs. 2,000/-. In default .of payment of fine, she was directed to undergo R.I. for a period of four months. 2. It may be mentioned here that along with Mamta her two sons namely Mukesh Kumar and Anil Kumar were also tried Under Section 302 and in the alternative Under Section 304-B of the Indian Penal Code but the learned TriaLCourt acquitted them by holding that prosecution has succeeded in proving that only accused Mamta had committed the murder of Minakshi @ Renu and that it has failed to prove that Mukesh and Anil Kumar were in anyway responsible for the said murder. It was also observed by the learned Trial Court that the dying declaration Ex. PF made by the deceased was not only voluntary but it was truthful and was sufficient to record conviction against the present appellant Mamta. 3. Smt. Mamta and her two sons were charge-sheeted Under Sections 302/ 34 of the Indian Penal Code on the allegations that on 27.10.1995 at 3.55 p.m. in the area of Gali Jattanwali, Amritsar, in furtherance of their common intention, they committed the murder by intentionally causing the death of Minakshi @ Renu and thereby committed an offence punishable Under Sections 302/34 of the Indian Penal Code and in the alternative, the appellant and her two sons were charge-sheeted on the allegations that on 27.10.1995 at about 3.55 p.m. the death of Smt. Minakshi took place on account of burns within seven years of her marriage and soon before her death she was subjected to cruelty and harassment in connection with demand of dowry, and thereby they committed an offence punishable Under Section 304-B of the Indian Penal Code. 4. 4. The FIR in this case was registered on the statement of Shri Kahan Chand, son of Shri Goverdhan Dass, the brother of the deceased, when he made the statement before SI Surinder Singh in Guru Nanak Dev Hospital where the police party had gone after receipt of telephonic message from Guru Nanak Dev Hospital that a woman by the name of Minakshi wife of Mukesh Kumar had been brought in the hospital with burn injuries. On receipt of that information, the Investigating Officer SI Surinder Singh, along with members of the police-party went there, he submitted application before the doctor for recording the statement of the injured but the doctor opined that injured was not fit to make a statement. However, Shri Kahan Chand PW was present and he made a statement to the effect that he had one brother and five sisters. His sister Smt. Minakshi whose parental house name was Renu had given birth to a male child aged about 7 months at the time of incident. She was married about one and half years ago. Her in-laws used to taunt and harass her daily in connection with the demand of more dowry. On the day of occurrence, at about 10.00 a.m. his sister Renu had come to his house and told that her mother-in-law Mamta, her husband Mukesh and her elder brother Anil Kumar in furtherance of their common intention taunted her and made a demand that she had brought insufficient dowry on the occasion of Diwali and they further made a demand of colour TV. and a scooter. Smt. Renu further told that her in laws had compelled and sent her for bringing colour T.V. and scooter from the parental house. Renu further told that her in-laws said that in case she did not bring T.V. and scooter, she should not return to the house of her in-laws otherwise she would be killed. Kahan Chand further alleged that he sent his sister to the house of her in-laws after giving her advice and by stating that he would visit her house in the evening and would try to bring the articles as demanded by her in-laws. At about 3.50 p.m. the complainant was informed when he was present at his shop that his sister had been killed by her in-laws by sprinkling kerosene oil on her body and then setting her on fire. At about 3.50 p.m. the complainant was informed when he was present at his shop that his sister had been killed by her in-laws by sprinkling kerosene oil on her body and then setting her on fire. Immediately, thereafter, he along with his mother reached the emergency ward of Guru Teg Bahadur Hospital where Smt. Renu was lying in a burnt condition. Finally it was alleged by the complainant that his sister had been burnt by sprinkling kerosene oil on her body and then setting her on fire for greed of dowry and that the action may be taken. The aforesaid statement Ex. PJ was read over and explained to Kahan Chand who signed the same in token of its correctness. Thereafter, SI Surinder Singh made endorsement Ex. PJ/1 underneath the said statement and it was sent to Police Station D. Division, Amritsar for the registration of the case Under Sections 498-A/307/34, Indian Penal Code and the endorsement was made at 5.00 p.m. and on the basis of that Report No. 27 was recorded at 5.25 p.m. on 27.10.1995. FIR Ex. PJ/2 was registered Under Sections 498-A/307/34 of the Indian Penal Code by Kashmir Singh SI and the special report was sent to the Area Magistrate which was received by him at 10 p.m. through constable Dilbag Singh No. 1084. 5. PW-7 Shri Surinder Singh SI after recording the statement Ex. PJ, went to the place of occurrence. He prepared rough site plan Ex. PL. He took into possession one Dibba which was smelling of kerosene and one match box were found lying at the place of occurrence and these articles were taken into possession vide memo Ex. PM. Thereafter, he returned to the hospital and submitted an application before the doctor whether the patient was fit to make a statement or not and the doctor declared her unfit to make statement. The said application is Ex. PA and the doctor made endorsement Ex. PA/1. This endorsement was made by the doctor at 4.20 p.m. At 8.15 p.m. on the same day obtained fresh opinion from the doctor Samira who gave opinion that Minakshi was fit to make a statement vide her endorsement Ex. PA/2. In the meanwhile the Investigating Officer had made arrangement for securing the presence of Executive Magistrate vide application Ex. PE. The Executive Magistrate arrived in the hospital for recording the statement of Minakshi. 6. PA/2. In the meanwhile the Investigating Officer had made arrangement for securing the presence of Executive Magistrate vide application Ex. PE. The Executive Magistrate arrived in the hospital for recording the statement of Minakshi. 6. On 29.10.1995 the Investigating Officer came to know that Smt. Minakshi @ Renu has expired in the hospital. The offence was changed into Under Section 302, Indian Penal Code. He again went to the mortuary where the dead body of Renu was lying. He prepared inquest report Ex. PB/2. He also drafted an application which was handed over to the constable for post-mortem examination on the dead body for the deceased. 7. The record of the Trial Court further shows that SI Surinder Singh submitted an application Ex. PA before Dr. Samira Sharma at 4.20 p.m. and the doctor vide endorsement Ex. PA/1 gave the opinion that patient was not fit to make a statement, he also drafted application Ex. PE addressed to District Magistrate containing a request that Smt. Minakshi wife of Shri Mukesh Kumar who was lying admitted in the hospital as a burnt case, her statement is required to be recorded very urgently as she had burns to major extent and, therefore, the Executive Magistrate may be deputed to record her statement. Upon this, the learned District Magistrate vide endorsement Ex. PE/1 ordered the SDM to depute Naib Tensildar-cum-Executive Magistrate. Shri Lakhbir Singh Kahlon, Naib Tehsildar-cum-Executive Magistrate was directed to do the needful and this endorsement was made by the SDM at 6.20 p.m. Shri Kahlon was not available. Resultantly, Shri Rajesh Sharma, Executive Magistrate was directed to record the statement of Smt. Minakshi vide endorsement Ex. PE/3. Before recording her statement Dr. Samira Sharma made endorsement Ex. PA/2 at 8.15 p.m. that patient was fit to give the statement. Consequently, the Tehsildar-cum-Executive Magistrate recorded the dying declaration Ex. PF of Smt. Minakshi and her statement is to the following effect: "Chai is responsible for setting her on fire with the help of a stick smeared with kerosene oil and that she had thrown the kerosene oil on her person and thereafter she has been set on fire. She wept bitterly. She does not know what had been done with her eyes as she was not in a position to see. Thereafter, Chai told her to go on the Kotha. She was saying that you are thief. She wept bitterly. She does not know what had been done with her eyes as she was not in a position to see. Thereafter, Chai told her to go on the Kotha. She was saying that you are thief. Bring scooter and T.V. She does not know when she regained consciousness. After arriving in the hospital she regained consciousness. Her husband at the time of occurrence was at the shop. Chai Nu Na Chhadna. My son should not be kept in the house of her in-laws. RTI attested by Minakshi and Executive Magistrate on 27.10.1995." 8. After recording the statement Ex. PE of Minakshi, the Executive Magistrate recorded the proceedings Ex. PG and gave a note under those proceedings that he completed the statement of the deceased by 8.30 p.m. The proceedings Ex. PG runs as follows : "This notice has been prepared by the undersigned (Executive Magistrate) as per the orders of the SDM who gave the directions to record the statement of Smt. Minakshi wife of Shri Mukesh Kumar resident of House No. 1466/ 9 Gali Jattan Wali, Lahori Gate, Amritsar. He arrived in Guru Nanak Hospital Ward No. 3 at 8.15 p.m. He made inquiries from the doctor attending upon the injured whether she was fit to make a statement or not. The doctor attending on her gave in writing that she was fit to make a statement. He made inquiries from Smt. Minakshi and she told that she was fit to make a statement. Thereafter, he recorded her statement. While recording her statement nobody was present in the Ward. In her statement she implicated her mother-in-law who was responsible for setting on fire. Report is submitted. Signed by Executive Magistrate. Note : The statement was concluded at 8.30 p.m." The record of the Trial Court further shows that Smt. Minakshi was medically examined by the doctor at 9.30 p.m. on 27.10.1995 on the police request and as per this medical legal report Ex. PH, she had 96 per cent burns. It was mentioned in the medico-legal report that the patient was unable to speak but she seems to obey the verbal command. She was blinkering her eyes and there was slight movements of head. She was also catheristed. 9. Dr. PH, she had 96 per cent burns. It was mentioned in the medico-legal report that the patient was unable to speak but she seems to obey the verbal command. She was blinkering her eyes and there was slight movements of head. She was also catheristed. 9. Dr. Baljit Singh Bajwa, PW-4 on 27.10.1995 at about 9.30 p.m. medically examined Minakshi and following is the observation of the doctor : "The patient was lying in the burn bed with intravenous fluid going through vena-section. She was unable to speak, but she seemed to understand the verbal command by blinking her eyes and slight movement of hands. She was also catheristed. 1. Whole of the scalp, face, front of neck and back of the neck were burnt. Charred blackish skin was visible at some places. There were gross swelling of lips. Underlying surface of the body was visible from the wounds. 2. Front of the chest, front of the abdomen, involving prenium, whole of the back was burnt, while surface of wound was visible. 3. Whole of the left arm and left forearm was burnt including hands, sparing some portion of the palmer aspect of the hands. 4. Whole of the right arm, right forearm were burnt involving hands. Terminal portion of distal philanx of four fingers excluding thumb were burnt. Blisters were seen on the palmer aspect. 5. Whole of the right and left legs were burnt involving right and left lower legs and both feet. Sole of the feet was spared. 10. Smell of the kerosene oil was coming from the body and body was approximately 95% burnt. Nature of the injuries was declared as dangerous. 11. Ex. PH is the correct carbon copy of the medico-legal report. 12. PW-2 Dr. Gurmanjit Rai on 30.10.1995 at 4.20 p.m. conducted the post-mortem examination on the dead body of Minakshi @ Renu, aged 27 years. The dead body along with police papers was brought in the mortuary at 2.00 p.m. on the same day and it was by Anil Kumar and Behari Lal. The patient remained admitted in surgical ward 3 of G.N.D. Hospital, Amritsar vide C.R. No. 93337 from 27.10.1995 at 3.55 p.m. to 29.10.1995 at 6.45 p.m. As per the police information it was a case of death due to burn injuries by fire. The rigor mortis was present all over the dead body. The post-mortem staining was also present. The patient remained admitted in surgical ward 3 of G.N.D. Hospital, Amritsar vide C.R. No. 93337 from 27.10.1995 at 3.55 p.m. to 29.10.1995 at 6.45 p.m. As per the police information it was a case of death due to burn injuries by fire. The rigor mortis was present all over the dead body. The post-mortem staining was also present. Eyes and mouth were found closed. The doctor found the following observation on the dead body: "Superficial to deep burns were present all over the body. Skin of hands and feet was found pealed off and flaps of skin were attached on one side. The skin was also pealed off at other places of the body and underlying skin was reddish in colour. Smell of kerosene oil was coming from scalp hair and body. Singeing of hair of scalp, axillae and public regions, eye lashes and eye brows were present. Black colored soot particulars were present over the scalp and body. Blisters were present at places and underlying surface of blisters was reddish in colour. Plcaura, larynx and trachea were found congested and trachea was having black coloured soot particles mixed with mucous. Right and left lungs were found congested and cherry red colour was present in the heart and both lungs. Stomach was having about 50 cc of fluid. Lever, spleen and kidneys were found congested and uterus was found empty. 13. The burns were ante mortem in nature and were about 100 per cent. The cause.of death in this case was shock as a result of burns, which were sufficient to cause death in the ordinary course of nature. The probable time that elapsed between injuries and death was about 48 to 72 hours and between death and post-mortem it was about 12 to 24 hours. The post-mortem was conducted by this doctor along with Dr. Gurpal Singh who was the second member of the Board. Ex. PB is the carbon copy of the post-mortem report and Ex. PB/1 is the pictorial diagram showing the seats of the injuries. Ex. PB/2 is the inquest report which accompanied, the dead, body and Ex. The post-mortem was conducted by this doctor along with Dr. Gurpal Singh who was the second member of the Board. Ex. PB is the carbon copy of the post-mortem report and Ex. PB/1 is the pictorial diagram showing the seats of the injuries. Ex. PB/2 is the inquest report which accompanied, the dead, body and Ex. PB/3 was the request for post-mortem examination on the basis of which the post-mortem was conducted and on the completion,of the investigation of the case the appellant and her two sons were sent for trial by filing a report Under Section 173, Cr.P.C. in the Court of the Area Magistrate who supplied the copies of the documents to the accused as required by the law and relied upon by the prosecution and vide commitment order dated 3.4.1996, the Magistrate committed the accused to the Court of Session to face a trial. 14. Vide order dated 24.4.1996 the appellant and her two sons were charge-sheeted Under Sections 302/34 of the Indian Penal Code and in the alternative charge Under Section 304-B of the Indian Penal Code was also framed. The charges were read over and explained to the appellants to which they pleaded not guilty and claimed trial. 15. In order to prove the charges, the prosecution examined Dr. Samira Sharma, PW-1, who was on emergency duty on 27.10.1995 in the hospital and she deposed that Minakshi was brought in the hospital in the emergency department. On 27.10.1995 at 4.20 p.m. an application was made before her by ASI Surinder Singh to-get her opinion whether patient was fit to make a statement. After examining the patient, she found that she was not fit to make a statement. Resultantly, she gave her opinion vide endorsement Ex. PA/1. She further deposed that on same day at 8.15 p.m. the similar application was presented before her again seeking her opinion whether Smt. Minakshi was fit to make a statement or not. She again examined the patient Minakshi and at that time she was fit to make a statement. Resultantly, she gave her opinion by making endorsement Ex. PA/1. She further deposed that patient died in the hospital at 6.45 p.m. on 29.10.1995. It has also come in the statement of Dr. She again examined the patient Minakshi and at that time she was fit to make a statement. Resultantly, she gave her opinion by making endorsement Ex. PA/1. She further deposed that patient died in the hospital at 6.45 p.m. on 29.10.1995. It has also come in the statement of Dr. Samira PW-1 that at the time of giving her opinion at 8.15 p.m. same Executive Magistrate had also come for the purpose of recording statement and he started taking her statement when she was there. In the cross-examinatipn.she deposed that she remained present in the cabin where the patient was lying while her statement was being recorded by the Executive Magistrate. She remained present up to the end. She further admitted that in a case of 100% burns, the patient is administered drugs to cause sedation. If the patient is heavily sedated by drug, the patient does not remain fit to make a statement. She stated that her signatures were not obtained by the Executive Magistrate on the statement of Minakshi. She did not care to remember as to what the patient really stated as it was the function of the Executive Magistrate. Her duty was only to see whether the patient was fit to make a statement or not, She further deposed that she was not even busy in attending any other patient when the statement was being recorded by the Executive Magistrate. In the re examination, the doctor deposed that in a case of heavy burns, sometimes it becomes difficult to cause sedation by heavy doses because the patient has lot of pain and patient remains conscious and able to speak as was in this case. PW-2 is Dr. Gurmanjit Rai, who conducted the post-mortem examination on the dead body of Minakshi along with Dr. Gurpal Singh and the observations of the Board of Doctors have already been reproduced by us in the earlier portion of his judgment. 16. PW-3 is Shri Rajesh Sharma, Tehsildar-cum-Executive Magistrate who recorded the dying declaration Ex. PF of the deceased and it has come in his statement that on 27.10.1995, an application was moved before the learned District Magistrate for recording some dying declaration and the learned District Magistrate Shri Kiranbir Singh Sidhu made endorsement Ex. PE/1 on the application Ex. PF directed the SDM Shri Parveen Kumar to depute somebody for recording the statement. Resultantly, the SDM made endorsement Ex. PE/1 on the application Ex. PF directed the SDM Shri Parveen Kumar to depute somebody for recording the statement. Resultantly, the SDM made endorsement Ex. PE/2 deputing Shri Lakhbir Singh Kahlon to record the statement. As Shri Kahlon was not available he made endorsement Ex. PE/3 in favour of the witness to record the statement. Resultantly, at 8.00 p.m. he went to Ward No. 3, Guru Nanak Dev Hospital where Minakshi was admitted. There was a lady doctor who was the Incharge of the Ward. He went to her and sought her opinion regarding the fitness of the patient to make a statement. The lady doctor made her endorsement Ex. PA/2 certifying that patient was fit to make a statement. This endorsement was made in his presence. Thereafter, he went to the bed of the patient and enquired from her if she was ready to make a statement in a voluntary manner. It has also come in the statement of Rajesh Sharma that he told the patient that the statement could be used against her. The patient was ready to make the statement in a voluntary manner. Thereafter, he asked the doctor to get out of the room and then he started recording the statement of patient Minakshi. In her statement Minakshi told that she was burnt by her Chai (mother-in-law). The witness deposed that the patient was referring to the mother-in-law by using the word "Chai". The patient had also told him that they were demanding scooter and were harassing her on that point. She further told that they were also demanding T. V. He recorded the statement Ex. PF and thereafter, Minakshi put her right thumb impression on her statement which was attested by him. Finally this witness deposed that he made report Ex. PG and sent the same along with statement of Minakshi to the District Magistrate under a sealed cover. In the cross-examination the witness deposed that ASI Surinder Singh came to him with the relevant application at 7.30 p.m. at his residence. Some police officials were present with him when he obtained the opinion of the doctor regarding the fitness of the patient to make the statement. The doctor was present in her room. The patient was, however, having her bed in a different room. Some police officials were present with him when he obtained the opinion of the doctor regarding the fitness of the patient to make the statement. The doctor was present in her room. The patient was, however, having her bed in a different room. The witness also admitted that many persons were present near the patient when he went there and they were asked to go out. The lady doctor, however, went with him to the bed of the patient. The relatives of the patient were present near her but he cannot tell their exact relationship. The witness also stated that he remained with the patient for about 15 minutes, after he concluded the statement he called the doctor and in the presence of the doctor, he obtained the thumb impression, of the patient on her statement. The witness also stated that he did not ask the lady doctor to put her counter-signatures on the statement nor he obtained the opinion of the doctor after the statement whether at that time the patient was still fit to make a statement. The witness also deposed that he had taken his own stamps showing his desingation. When he recorded the statement of the patient, no person of his staff was present at that time. The Witness also deposed in the cross-examination that patient told him that her husband was at his shop when she suffered burn injuries. Finally he denied the suggestion of the accused that he did not obtain any opinion from the doctor regarding the condition of the patient or that the patient did not make any statement before him or that he obliged the police in their asking and then recorded the statement Ex. PF in a false manner. 17. PW-4 is Dr. Baljit Singh PW-4 who on 27.10.1995 at about 9.30 p.m. medically examined Minakshi, wife of Mukesh Kumar and the observations of the doctor have already been reproduced by us in the earlier portion of the judgment. 18. PW-5 is Kahan Chand complainant. This witness did not support the case, of the prosecution as mentioned in his police statement. He was declared hostile and all the material portion of his statement was put to him but in spite of thatthe prosecution has not been able to get anything. 18. PW-5 is Kahan Chand complainant. This witness did not support the case, of the prosecution as mentioned in his police statement. He was declared hostile and all the material portion of his statement was put to him but in spite of thatthe prosecution has not been able to get anything. In the cross-examination, the witness, sided with the accused by making a statement that when he went to the hospital on 27.10.1995 his sister Renu was unconscious and she remained unconscious till then. He went to the hospital at 4.00 p.m. Many other persons of the locality had also gone there. PW-6 is Smt. Bimla Wati, the mother of the deceased and she also did not support the case of prosecution. PW-7 is the Investigating Officer who was instrumental in getting the dying declaration recorded by the Executive Magistrate. 19. On the closure of the evidence of the prosecution the statement of the accused was recorded Under Section 313, Cr.P.C. and all the incriminating, circumstances appearing in the prosecution evidence were put to the accused. 20. The stand of the appellant Smt. Mamta is contained in the written statement mark "X" wherein the following plea was taken : "My son is a shopkeeper. His shop is in Chowk Katra Safaid. I left the house and took meals for my son. The deceased was cooking meals at that time. At the shop of my son I received message that deceased received burn injuries, I and my son came running. Many neighbours were there. We took the deceased to hospital and informed her relations. My daughter-in-law has suffered accidental burn injuries." 21. We need not reproduce, the plea of other two accused as they have been acquitted by the learned Trial Court and the State has not filed any appeal against their acquittal. 22. When called upon to enter into their defence, the accused examined DW-1 Smt. Manorma Rani who deposed that on the day of occurrence at about 2.30 p.m. she was standing outside her house and at that time appellant Mamta was cleaning the platform outside her house. While standing on the platform Mamta appellant asked Minakshi deceased if the tiffin was ready. After about Vi minutes Minakshi brought the tiffin and handed over the same to her mother-in-law Mamta. While standing on the platform Mamta appellant asked Minakshi deceased if the tiffin was ready. After about Vi minutes Minakshi brought the tiffin and handed over the same to her mother-in-law Mamta. After taking the tiffin Mamta went to hand over the same to her son and Minakshi went inside and closed the door. After about 5/7 minutes, she heard the shrieks coming from the house of Mamta and she noticed that smoke was coming out of the kitchen of the house of Mamta. She raised raula that house was on fire. Many persons had collected there. They gave the pushes to the main door of the house and on entering inside the house they observed that Minakshi was on fire in kitchen and there was also fire in the kitchen. The stove was lying on the floor. The fire was extinguished. Somebody from the street went to.inform accused Mukesh Kumar. Mukesh Kumar and Mamta reached at the place of occurrence and Minakshi was removed to the hospital. She appeared before the police and disclosed all these facts. In the cross-examination, a suggestion was put to the witness that she did not see any occurrence and that she appeared as a defence witness in order to help the accused. The appellant also, examined Smt. Sudesh Rani and Rana Partap as DW-2 and DW-3 respectively and both these witnesses have toed the line of action as pleaded by the appellant in her written statement. 23. On the conclusion of the trial the learned Sessions Judge, Amritsar believed the story of the prosecution vis-a-vis Smt. Mamta by mainly relying upon the dying declaration and it was held by the learned Trial Court that she was responsible for the murder of the deceased, thereafter, she was convicted and sentenced in the manner as stated above and aggrieved by her conviction and sentence, the present appeal by Smt. Mamta. 24. We have heard Mr. R.S. Cheema, Senior Advocate, appearing on behalf of the appellant and Mr. G.S. Gill, Senior DAG, Punjab, appearing on behalf of the respondent and with their assistance have gone through the record of this case. 25. The case of the prosecution is solely dependent upon the dying declaration Ex. PF which has been recorded by the Executive Magistrate Shri Rajesh Sharma after obtaining the opinion from Dr. Samira Sharma. G.S. Gill, Senior DAG, Punjab, appearing on behalf of the respondent and with their assistance have gone through the record of this case. 25. The case of the prosecution is solely dependent upon the dying declaration Ex. PF which has been recorded by the Executive Magistrate Shri Rajesh Sharma after obtaining the opinion from Dr. Samira Sharma. In this regard the position of the law as laid down by the Honble Supreme Court and the High Courts is as follows : 26. It was observed by the Honble Supreme Court in III (2002) CCR 159 (SCHV (2002) SLT 763-2002(3) RCR (Criminal) 786, Ramilaben Hasmukhbhai Khristi and Anr. v. State of Gujarat, as follows : "B. Indian Penal Code, Section 302 - Evidence Act, Section 32 - Dying declaration - Murder - Law as enunciated by Supreme Court with regard to dying declaration summed up: (i) Maker of dying declaration is not subjected to cross-examination - It is for Court to see that dying declaration inspires full confidence. (ii) Court should satisfy that there was no possibility of tutoring, prompting. (iii) Court should be satisfied that the deceased was in a fit state of mind to make the statement. (iv) Certificate of Doctor that victim was conscious is not sufficient - There should be certificate by Doctor that victim was in a fit state of mind - Magistrate recording his own satisfaction about the fit mental condition of the declarant was not acceptable particularly when the doctor was available. (v) Dying declaration be recorded by Executive Magistrate - Police Officer to record dying declaration where the condition of the deceased was so precarious that no other alternative was left. (vi) Dying declaration may be in the form of question and answer and the answer be written in the words of the person making the declaration. But Court cannot be too technical. 2001 (2) RCR (Crl.) 416, 1994 (4) RCR (Crl.) 104 and 2001 (3) RCR (Crl.) 358 relied". 27. (vi) Dying declaration may be in the form of question and answer and the answer be written in the words of the person making the declaration. But Court cannot be too technical. 2001 (2) RCR (Crl.) 416, 1994 (4) RCR (Crl.) 104 and 2001 (3) RCR (Crl.) 358 relied". 27. Again the Honble Supreme Court in III (2002) CCR 245 (SC)=V (2002) SLT 202=2002 (4) RCR (Criminal) 149, Laxam v. State of Maharashtra summed up the law regarding dying declaration as follows : "(1) Dying declaration is accepted on the theory that person on death bed will speak the truth - But 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. (2) Since the accused has no power of cross-examination, the Court should insist that the dying declaration should be of such a nature as to inspire full confidence of the Court in its truthfulness and correctness. (3) Court should also see that the statement of the deceased was not as a result of either tutoring or prompting or a product of imagination. (4) Court should further satisfy that the deceased was in a fit state of mind and had the opportunity to observe and identify the assailant. (5) Statement of eye-witnesses that deceased was fit and conscious to make the declaration will prevail over medical opinion. (6) 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 be sufficient provided the indication is positive and definite. (7) When declaration is recorded on oath is necessary nor is the presence of the Magistrate absolutely necessary, although to assure authenticity it is usual to call a Magistrate, if available. (8) 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. (9) What evidential value or weight has to be attached to such statement necessarily depends on the facts and circumstances of each particular case. (8) 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. (9) What evidential value or weight has to be attached to such statement necessarily depends on the facts and circumstances of each particular case. (10) 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." 28. Further, it was observed that a certificate by the doctor is essentially a rule of caution in dying declaration and statement of eye-witness that the deceased was fit to make a statement and was conscious at the time of the making of the declaration, shall prevail even above the medical evidence., 29. In 2002 (4) RCR (Criminal) 57, Dhanraj and Ors. v. State of Maharashtra, it was held that if dying declaration has been made even without certificate of mental fitness, it can be acted upon. In this cited case the deceased was having 60 per cent burn injuries when she reached the hospital and her statement was recorded by the Naib Tehsildar. No certificate of doctor regarding the fitness was obtained. The death of the deceased took place after 5 days. In these circumstances the statement of deceased was relied upon by placing reliance that incident of her reaching the hospital herself and other circumstances showed that she was in fit state of mind. Though the certificate of the doctor is not appended but the statement of the doctor and the Magistrate indicated that the declarant was in a fit state of mind to give a statement. In such a situation, no infirmity was found in the dying declaration of the deceased. The Honble Supreme Court further observed that dying declaration recorded without certificate of a doctor regarding mental fitness, can be relied upon and other circumstances showed that the deceased was in a fit mental state. 30. In such a situation, no infirmity was found in the dying declaration of the deceased. The Honble Supreme Court further observed that dying declaration recorded without certificate of a doctor regarding mental fitness, can be relied upon and other circumstances showed that the deceased was in a fit mental state. 30. In Mamta v. State ofHaryana, 2002 (3) RCR (Criminal) 238, the Division Bench of this Court held that dying declaration can be relied upon by the Court even without corroboration if it is established that it is reliable piece of evidence and that it has been voluntarily made in a proper mental condition by the injured. As a rule of prudence, the Court looks for its corroboration from other material on the record so as to confirm its belief in the reliability of the dying declaration. Further observed by the D.B. that essence of principle of accepting declaration of the injured is trustworthy and not the form. 31. In Tapinder Singh v. State of Punjab, 1971(1) SCR 599, the Honble Supreme Court made the following observations : "The dying declaration is a statement by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death and it becomes relevant Under Section 32(1) of the Indian Evidence Act in a case in which the cause of that persons death comes into question. It is true that a dying declaration is not a deposition in Court and it is neither made on oath nor in the presence of the accused. It is, therefore, not tested by cross-examination on behalf of the accused. But a dying declaration is admitted in evidence by way of an exception to the general rule against the admissibility of hearsay evidence, on the principle of necessity. The weak points of a dying declaration just mentioned merely serve to put the Court on its guard while testing its reliability, imposing on it an obligation to closely scrutinise all the relevant attendant circumstances." 32. The weak points of a dying declaration just mentioned merely serve to put the Court on its guard while testing its reliability, imposing on it an obligation to closely scrutinise all the relevant attendant circumstances." 32. Thus, a gist of the above ratio is that it is the sacred duty of the Court while examining the dying declaration to ensure that the deceased was in a fit mental condition and to make the statement and while making her statement it was her voluntary act and that she was not under pressure from any source because the deceased was never subject to cross-examination and her statement has become admissible piece of evidence by virtue of Section 32 of the Indian Evidence Act. Sub-clause (1) of Section 32 of the Indian Evidence Act, 1872 states that a statement is admissible if it pertains to cause of death and is made by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted into death in the cases in which the cause of the persons death comes into question. In other words, the conviction can be based on the uncorroborated dying declaration of the deceased if it is truthful and that the person recording a dying declaration should be satisfied that the dying man is making a voluntary and consistent statement with normal sense of understanding. 33. Now, let us examine the evidence in the light of the observations made by the Honble Supreme Court and the Honble Division Bench quoted above. The established facts are that SI Surinder Singh on coming to know that Smt. Minakshi had been admitted in the hospital with serious burn injuries, he goes to the hospital. It is always the anxiety of the Investigating Officer to record the statement of the injured in order to determine how he or she had sustained the injuries. With this background, the Investigating Officer Shri Surinder Singh submits application Ex. PB before the doctor Samira Sharma who makes the endorsement Ex. It is always the anxiety of the Investigating Officer to record the statement of the injured in order to determine how he or she had sustained the injuries. With this background, the Investigating Officer Shri Surinder Singh submits application Ex. PB before the doctor Samira Sharma who makes the endorsement Ex. PA/1 at 4.20 p.m. and it was certified by her that patient was not fit to give her statement as there were 96% burn injuries on the body of Minakshi from superficial to serious burns, therefore, the Investigating Officer in his wisdom thought it proper to make an arrangement for recording the dying declaration of the deceased in case it is certified by the doctor that deceased was in a fit condition to make the statement. Resultantly, an application Ex. PE was made by SI Surinder Singh before the learned District Magistrate, Amritsar and vide endorsement Ex. PE/1 recorded at 6.15 p.m. the learned District Magistrate, Amritsar directed SDM, Amritsar to depute Naib Tehsildar-cum-Executive Magistrate for recording the statement of the deceased. Again vide endorsement Ex. PE/2 the SDM nominates Shri L.S. Kahlon, Naib Tehsildar-cum-Executive Magistrate to do the needful but as Mr. Kahlon was not available so Rajesh Sharma Tehsildar-cum-Executive Magistrate was asked to do the needful vide Memo Ex. PE/3. In this regard, now we will refer the statement of Shri Rajesh Sharma who deposed on oath that the Investigating Officer contacted him at his residence at 7.30 p.m. Thereafter, he came to the hospital at about 8.00 p.m. and went to Ward No. 3 of Guru Nanak Dev Hospital, Amritsar, where the injured was lying admitted. As lady doctor was the Incharge of that ward, he went to her and sought her opinion regarding the fitness of the patient to make the statement and the doctor gave her opinion Ex. PA/2 recorded at 8.15 p.m. certifying that the patient was fit to give her statement. Thereafter, the Executive Magistrate went to the bed of the patient. He made some preliminary inquiries from her if she was ready to make a statement in a voluntary manner. So much so, the injured was also cautioned that the statement if any made by her can be used against her. Shri Rajesh Sharma, Executive Magistrate further stated that patient was ready to make a statement in a voluntary manner. Thereafter, he asked the doctor to leave the room. So much so, the injured was also cautioned that the statement if any made by her can be used against her. Shri Rajesh Sharma, Executive Magistrate further stated that patient was ready to make a statement in a voluntary manner. Thereafter, he asked the doctor to leave the room. Thereafter, he started writing the statement of the patient. We have already reproduced above the correct translation of the statement of the injured in which she is implicating her mother-in-law Smt. Mamta by using the word Chai though the name of Mamta has not been mentioned in the dying declaration. We may also state here that in this part of the region in many families the mother is addressed as Chai by her children and the daughter-in-laws also address their mothers-in-laws as Chai. The dying declaration is further predominant to the fact that except for the present appellant, the deceased does not implicate by name or by gesture her husband or the brother of the husband though she alleges that there was a demand of T.V. and scooter. So far as the role of the present appellant is concerned, it was clear arid categorical that she was responsible for putting the deceased on fire and the deceased also categorically stated in her dying declaration that her Chai (mother-in-law) must not bespared and pardoned. It is a very short dying declaration running into few lines only. Had it been a long dying declaration, we would have doubted the mental condition of the patient because we know that this is a very painful death specially when the deceased had 96 to 100 per cent superficial to deep burns on her body. After recording statement Ex. PF of the deceased, the Executive Magistrate also prepared a report Ex. PG in which he has again certified that the deceased was in a fit mental condition to make the statement. The said report was sent to the District Magistrate in a sealed cover along with the statement of the deceased. PW-1 Dr. Samira Sharma also deposed that she gave the opinion Ex. PA/2 at 8.15 p.m. certifying that the patient was fit to make a statement. The said report was sent to the District Magistrate in a sealed cover along with the statement of the deceased. PW-1 Dr. Samira Sharma also deposed that she gave the opinion Ex. PA/2 at 8.15 p.m. certifying that the patient was fit to make a statement. In the cross-examination also, she demolished the case of the accused by making a statement that even in the case of heavy burns sometimes it becomes difficult to cause sedation by heavy doses of drug because patient has lot of pain and for that reason he remains conscious and was able to speak as was in this case. 34. Faced with difficulty, learned Counsel appearing on behalf of the appellant Smt. Mamta, vehemently submitted that as per the first endorsement Ex. PA/I recorded at 4.20 p.m. Dr. Samira Sharma PW-1 certified that patient was not fit to make statement. Also at 9.30 p.m. when the medical legal examination of Minakshi took place, it has been certified by the doctor Baljit Singh PW-4 that injured was unable to speak and, therefore, the endorsement Ex. PA/2 made by Dr. Samira Sharma PW-1 at 8.15 p.m. cannot be relied upon nor the statements of the Executive Magistrate when, he deposed that he made inquiries from the deceased as to whether she was prepared to make a statement in a voluntary manner or not. The Counsel submitted that the statement of the doctor and the Executive Magistrate with regard to the mental condition is unreliable as there are contradictions in the statement of the doctor and the Tehsildar with regard to the presence of each other inside the room where the patient was lying admitted. Moreover, certain persons were already present by the side of the injured when the Tehsildar went to the ward in order to record the dying declaration. 35. We have examined this contention raised by Mr. Cheema very carefully but we are not convinced with his submission. It has come in the statement of the Executive Magistrate-cum-Tehsildar that he reached the hospital at 8.00 p.m.. He must have made some preliminary inquiries from the injured. Thereafter, as a precautionary measure he obtained the opinion Ex. PA/2 from the doctor who gave her opinion at 8.15 p.m. The statement of the deceased must not have taken more than 2 or 3 minutes because it runs into only ten lines approximately 70 to 75 words. He must have made some preliminary inquiries from the injured. Thereafter, as a precautionary measure he obtained the opinion Ex. PA/2 from the doctor who gave her opinion at 8.15 p.m. The statement of the deceased must not have taken more than 2 or 3 minutes because it runs into only ten lines approximately 70 to 75 words. This statement has also been counter-signed by the Executive Magistrate. In the report Ex. PJ, he makes a specific mention that he concluded the entire proceedings by 8.30 p.m. 36. With regard to the medico-legal report Ex. PM, if the same is perused, in depth, no benefit can be granted to the appellant because Dr. Baljit Singh Bajwa PW-4 while giving the general condition of the patient has also stated that she seemed to understand the verbal command by blinking her eyes and slight movement of hands. Moreover, the medical examination took place at 9.30 p.m. after one hour of the recording of the statement. The real point for determination before us is whether at the time of making the dying declaration the deceased was mentally fit and whether her statement was voluntary. We cannot lose sight of the fact that the names of the two of the accused challaned by the police have not been mentioned. We also cannot miss a vital fact that the name of Mamta has not been mentioned. Rather she has been described by using the word Chai by the deceased. These factors are of very vital importance to show that the deceased was never subjected to tutoring. She was in a mental condition when she was making a statement that her mother-in-law must not be spared and the custody of her male child should not be given to her in-laws. She also categorically stated that she came into senses in hospitals and further she deposed that at the time of the occurrence her husband was at the shop. All the above facts would indicate and lead to only one conclusion that the role of Mamta appellant at least is very categorical and clear and leaves no manner of doubt that she alone was responsible for putting the deceased on fire when she and the deceased were in the house. The cause of this crime is also indicative of the fact that there was a demand of scooter and the T.V. 37. The cause of this crime is also indicative of the fact that there was a demand of scooter and the T.V. 37. All the above links of evidence were taken note of by the learned Trial Court which rightly remarked that the dying declaration Ex. PF is not only natural and genuine but was voluntarily made by the deceased before the Executive Magistrate. We are also of the opinion that this dying declaration is a truthful one and not concocted. The very fact that S/Shri Mukesh Kumar and Anil Kumar have been exonerated from this dying declaration, is indicative of the fact that the deceased was not in a mood to tell as it has been rightly said that a dying man invariably does not tell a lie. 38. As the dying declaration is a voluntary piece of evidence, it can be even acted upon without any corroboration but in the present case there is a lot of corroboration to the statement of Smt. Minakshi in the shape of medical evidence as the cause of death in this case was on account of the burn injuries as deposed by the Board of Doctors as well as by Dr. Bajwa who conducted the medical legal examination of the deceased on the night of 27.10.1995. 39. In view of the above discussion we are of the considered opinion that there is no infirmity in the judgment of the learned Trial Court. Thus, we hold that there is no merit in this appeal filed by Smt. Mamta and the same is hereby dismissed. Let intimation about the dismissal of this appeal be sent to the concerned Chief Judicial Magistrate and the Jail authorities.