( 1 ) THE core question which had been argued in elaboration by Sri Pradyumna Kumar Reddy, the learned Counsel representing the appellant/accused and the learned Additional Public Prosecutor Mr. Mohd. Osman Shaheed representing the State is on the aspect whether the conviction and sentence imposed by the learned Sessions Judge, Anantapur in S. C. No. 37/94 be sustained in the light of the fact that except Ex. P-14, the dying declaration recorded by PW-15, the Magistrate, there is no other acceptable evidence available on record and especially in the light of the fact that the dying declaration recorded by A. S. I. , Ex. P-17, giving minute details which would definitely create suspicion. Both the counsel made submissions at length pointing out to the evidence of the hostile witnesses and also the medical evidence of PW-11 and PW-12. Both the Counsel placed strong reliance on several decisions to substantiate their contentions that the dying declaration if it is otherwise trustworthy and believable can be the basis for conviction though the same is not corroborated by other evidence. Reliance also had been placed on Sant Gopal vs. State of U. P. (1995 Crl. L. J. 312 (All.) (DB)), Nawab Ali Jhinnu vs. State of U. P. (AIR 1994 S. C. 1607), K. R. Reddy Vs. Public Prosecutor (AIR 1976 S. C. 1994), Public Prosecutor Vs. Shaik Meera Valli (1993 (2) ALT (Crl.) 86 (DB)), Prithi Chand Vs. State of H. P. (AIR 1989 S. C. 702), Lallubhai Vs. State of Gujarat (AIR 1972 S. C. 1776), Shanmugam Vs. State of T. N. (2003 S. C. C. (Crl.) 501), P. Babu and Others Vs. State of A. P. (1993 (3) Crimes 567), State of Assam Vs. Mafizuddin Ahmed (AIR 1983 S. C. 274), Sharad Vs. State of Maharashtra (AIR 1984 S. C. 1622), and Rabi Chandra Vs. State of Orissa (AIR 1980 S. C. 1738 ). ( 2 ) THERE cannot be any quarrel about this proposition of law in view of the settled position of law in this regard. The appellant/accused preferred this Criminal Appeal as against the Judgment dated 28-10-1997 in S. C. No. 37/94 on the file of the Court of Session, Anantapur wherein he was convicted under Sections 342 and 304 Part-II I. P. C. and sentenced to undergo Rigorous Imprisonment for six months and six years respectively and the said sentences were directed to run concurrently. ( 3 ) THE version of the prosecution in nutshell may be specified as hereunder: the appellant/accused is a resident of Muddireddypalli village of Hindupur Mandal. Chalavadhi Papamma (PW-1) is a resident of 74, Udegolam village of Rayadurg Mandal. She is the second wife of Obulesu and she has two daughters namely Jayalakshmi and Obulamma. The first wife of Obulesu has four sons and one daughter namely Chalavadi Danamma (deceased ). The children of the first wife of Obulesu are in good terms with PW-1 though she is a step mother to them. The second daughter of PW-1 married the appellant/accused and her sister was given to one Chandrayudu of Pothukunta village. The appellant/accused suspected that his wife Obulamma has got illicit intimacy with the husband of her sister, Chandrayudu, and also suspected that the deceased was encouraging and helping them to develop such contact. The accused was unhappy and bore grudge against the deceased and developed aversion towards her. Therefore, he used to express his desire to marry some other girl and wants to desert Obulamma. On 19-4-1993 the appellant/accused, the deceased, one Chalavadi Mala Ramadas (PW-2), T. Venkatesulu (PW-3), Chalavadi Padmavathi (PW-4), Chalavadi Hanumakka (PW-7), M. Obulamma (PW-5) and Chalavadi Obulamma (LW-9) have assembled in the house of PW-1 to attend the function of Sremantham to Obulamma, the wife of the appellant/accused. The appellant/accused was uneasy in the function. He expressed his opinion to the deceased to marry some other girl by discarding Obulamma. When the deceased chastised the appellant/accused and also told him that he should not desert Obulamma, the appellant/accused got offended very much and though that the deceased is mainly responsible and also obstruction for his second marriage and therefore planned to get rid of the deceased. On 19-4-1993 at about 1 P. M. while all the family members of PW-1 were sitting and talking, the appellant/accused came and requested the deceased to come into the house as he has got work to talk to her. The deceased followed the appellant/accused into the room of the house. The appellant/accused closed the doors from inside and bolted. The appellant/accused beat her with a stick indiscriminately all over the body and caused multiple injuries. On hearing the screams of the deceased all the members of the family i. e. , P. Ws. The deceased followed the appellant/accused into the room of the house. The appellant/accused closed the doors from inside and bolted. The appellant/accused beat her with a stick indiscriminately all over the body and caused multiple injuries. On hearing the screams of the deceased all the members of the family i. e. , P. Ws. 1, 2, and 9 and others rushed to the doors of the room and requested the appellant/accused to open the door. As the appellant/accused did not open the door, PW-2 opened with crow-bars and entered into the room. The appellant/accused threatened them with dire consequences and went away. The deceased was immediately shifted to the Government Hospital, Rayadurg. On medical intimation given by the Doctor S. Nagabhushanam, A. S. I. (PW-16) went to the Government Hospital, Rayadurg and recorded her statement registered it and investigated. Prior to that Sri N. Ramalinga Reddy, Judicial I Class Magistrate, Rayadurg (PW-15) had recorded the dying declaration of the deceased. Thereafter the deceased was referred to the Government Headquarters Hospital, Anantapur for further treatment. Nazeer Ahmed, H. C. 1436, II Town Police Station, Anantapur received the death intimation and sent the same to Rayadurg Police Station. The deceased died of shock because of hemorrhage due to multiple injuries. Thereupon, the Section of law was altered to Section 302 I. P. C. and further investigation was done in the case. Sri B. Gangi Reddy (PW-17), the then Inspector of Police, Rayadurg held inquest over the dead body of the deceased in the presence of mediators and subjected post mortem. He effected arrest of the appellant/accused on 6-5-1993 and laid charge sheet after completion of the investigation. ( 4 ) ON behalf of the prosecution, PW-1 to PW-17 were examined and Exs. P-1 to P-28 and MOs. 1 to 6 were marked. Exs. P-1 to P-9 are Section 161 Cr. P. C. statements of the witnesses PW-1 to PW-9 who were declared hostile. ( 5 ) THE charges framed as against the appellant/accused are as hereunder: firstly: That you on 19-4-1993 at about 1-00 p. m. in the house of Chalavadi Papamma of 74, Udegolam village wrongfully confined Chalavadi Danamma, daughter of Obulesu and thereby committed an offence punishable under Section 342 of Indian Penal Code and within my cognizance. ( 5 ) THE charges framed as against the appellant/accused are as hereunder: firstly: That you on 19-4-1993 at about 1-00 p. m. in the house of Chalavadi Papamma of 74, Udegolam village wrongfully confined Chalavadi Danamma, daughter of Obulesu and thereby committed an offence punishable under Section 342 of Indian Penal Code and within my cognizance. Lastly: That you at the same time and place and in the course of same transaction referred to in charge No. 1 beat the deceased Chalavadi Danamma with a stick indiscriminately all over her body viz. , head, chest, hands and legs and on the mouth intentionally or knowingly it would cause her death and thereby committed an offence of murder punishable under Section 302 of Indian Penal Code and within my cognizance. ( 6 ) SECTION 340 I. P. C. deals with Wrongful confinement and Section 342 I. P. C. deals with Punishment for wrongful confinement. The learned Judge, though several of the witnesses were declared hostile as referred to supra including PW-13, however placed reliance on Ex. P-14 and convicted the appellant/accused and sentenced him accordingly. No doubt the learned Judge doubted Ex. P-17, the statement of the deceased recorded by the A. S. I. of Police, Rayadurg, PW-16. It may be appropriate to have a look at Ex. P-14, the dying declaration of the deceased and the relevant portion reads as hereunder: 1. What is your name? danamma. 2. Which is your village? udegolam/belugappa 3. What is y our husbands name? narasimhulu. 4. Do you know that I am Magistrate? yes I know. 5. Do you understand what I am asking? yes I understand. 6. Tell me why is this happened to you? ( 7 ) WHILE I was questioning my sisters husband namely Aswarthappa on some affair, he got angry on me, pushed me inside the room and closed the doors. He beat me indiscriminately with a big stick. Therefore, I sustained injuries on my body. My brother-in-law always attributing the illicit intimacy in between my sister Obulesu and Chandrayudu, who is my another brother-in-law. I have chastised him on that aspect. Because of the same, my brother-in-law got angry on me and beat me indiscriminately. L. T. M. of Smt. Danamma ( 8 ) IT may also be pertinent to have a look at Ex. My brother-in-law always attributing the illicit intimacy in between my sister Obulesu and Chandrayudu, who is my another brother-in-law. I have chastised him on that aspect. Because of the same, my brother-in-law got angry on me and beat me indiscriminately. L. T. M. of Smt. Danamma ( 8 ) IT may also be pertinent to have a look at Ex. P-17, the statement recorded by A. S. I. which reads as hereunder: my native village is Belugappa. I live by doing coolly work. My birth place is 74, Udegolam. I have two younger sisters. The first younger sister is given in marriage to Pothukunta village. The second sister Obulamma is given in marriage to the accused of Mudireddipalli. About 2 days back Sreemantham of Obulamma was fixed, as such I came from Beluguppa. On Saturday i. e. , on 17-4-93 night her Sreemantham was celebrated. Today i. e. , Monday (19-4-93) at about 1 P. M. (noon) my brothers and sister Obulamma and my mother were talking in the shed situate in front of our house. My sisters husband Aswarthappa (accused) called me inside the house. He bolted the door of the room from inside. I have questioned why he is closing the doors. He did not me any reasons. He took a stout stick and beat me indiscriminately. When I questioned as to why he is beating me, he told me that I supporting my sister and he further told that his wife is having illicit intimacy with the husband of my another sister. Therefore, the accused wanted to go for the second marriage. So saying he dealt blows on my head, chest, hands and legs and caused bleeding injuries and other injuries. I sustained injuries on my head, on the right eye brow, right cheek, lower lip, left cheek, left ear, left wrist and little finger of the left hand. All these are bleeding injuries. He also caused injuries on my left leg middle part, left fore-arm with a stick. There are swollen injuries also. There are some bruises. When he dealt blows on my mouth, I lost one tooth. The upper teeth are shaken. When I raised shoutings, my brothers Venkatesu, Ramadas and my mother Papamma, my younger brother and older brother wives forcibly opened the doors and came inside and rescued me from the clutches of the accused. There are swollen injuries also. There are some bruises. When he dealt blows on my mouth, I lost one tooth. The upper teeth are shaken. When I raised shoutings, my brothers Venkatesu, Ramadas and my mother Papamma, my younger brother and older brother wives forcibly opened the doors and came inside and rescued me from the clutches of the accused. Thereafter they brought me on a tyre bullock cart and admitted in the Government Hospital. The reason for this incident is that the accused suspected that his wife had illicit intimacy with her sisters husband. That I refuted his allegations, as such he kept in mind and beat like this. The contents are read over and found correct. I request necessary action to be taken against Aswarthappa (accused ). ( 9 ) A careful comparison and scrutiny of these two statements, the dying declaration recorded by the Magistrate i. e. , Ex. P-14 and the dying declaration recorded by the A. S. I. i. e. , Ex. P-17, would definitely create some suspicion especially in the light of the lengthy statement narrating several details which had been recorded by the A. S. I. and the cryptic statement Ex. P-14 recorded by the learned Magistrate. Except these dying declarations there is no other legally acceptable evidence available on record to sustain conviction and sentence imposed as against the appellant/accused. ( 10 ) NOW the question to be dealt with by this Court is whether these dying declarations Ex. P-14 and Ex. P-17, inspire the confidence of the Court so as to rely upon them and to sustain the conviction and sentence imposed on the appellant/accused or the same are liable to be set-aside in the facts and circumstances of the case. ( 11 ) THE main reason recorded by the learned Judge is that all these witnesses being relative witnesses wanted to save the appellant/accused and may be because of that reason all these were not inclined to support the version of the prosecution and in that view of the matter placing reliance on Ex. P-14, the conviction had been recorded and the sentence had been imposed. PW-11, the Civil Surgeon, Government Hospital, Rayadurg who had examined the deceased found the following injuries: 1. A horizontal lacerated wound on the center of the head of size 6 cm. X cm. X cm. Reddish blood clots present. 2. P-14, the conviction had been recorded and the sentence had been imposed. PW-11, the Civil Surgeon, Government Hospital, Rayadurg who had examined the deceased found the following injuries: 1. A horizontal lacerated wound on the center of the head of size 6 cm. X cm. X cm. Reddish blood clots present. 2. An irregular vertical lacerated wound present on the right check of size 2 cm. X cm. X cm. 3. An oblique lacerated wound on the outer half of the right eye brow of size 3 cm. X cm. X cm. extending upwards into the frontal region. 4. An irregular lacerated wound of size 2. 5 cm. X cm. X 1 cm. on the right side of the upper lip. 5. An irregular transverse lacerated wound of size 6 cm. X cm. X 1 cm. just below the left side of the chin. 6. An irregular lacerated wound of size 3 cm. X cm. X cm. just below the left side of lower jaw, bony crepitus present, deformity of the lower jaw present, Fracture of the lower jaw on left side present. 7. An irregular lacerated wound of size cm. X cm. X 1 cm. just in front of the left ear, bluish discoloration of the face present. 8. An irregular lacerated wound of size 1 cm. X 1 cm. X 1 cm. on the front of the middle 1/3rd of the left leg 1 cm. above left ankle. 9. Deformity and diffuse swelling of the upper and middle 2/3rd of the left fore arm present, bony creptus present. Fracture both bones of left fore arm. 10. Deformity and diffuse swelling of the dorsum of the right hand over the middle ring and little fingers. Fracture of the metacarpal bones. 11. An irregular lacerated wound of size 1 cm. X cm. X cm. on the dorsum of the proximal inter phalangal joint of the right middle finger. 12. Two parallel oblique contusions of size 6 cm. X 1 cm. each 1 cm. apart on the right breast. 13. Multiple, small irregular contusions present over the left breast. 14. An irregular contusion on the right shoulder of size 10 cm. X 10 cm. 15. Deformity of the upper jaw on the left side with loss of teeth present and deformity of the lower jaw present. X 1 cm. each 1 cm. apart on the right breast. 13. Multiple, small irregular contusions present over the left breast. 14. An irregular contusion on the right shoulder of size 10 cm. X 10 cm. 15. Deformity of the upper jaw on the left side with loss of teeth present and deformity of the lower jaw present. ( 12 ) THIS witness, PW-11, opined that injuries 6, 8, 9, 10 and 15 are grievous in nature and all other injuries are simple in nature and aged about 2 to 4 hours and caused by any hard and blunt object. Ex. P-12 is the wound certificate issued by him. He sent intimation to the Judicial I Class Magistrate, Rayadurg to record dying declaration. Ex. P-13 is the intimation to Judicial I Class Magistrate, Rayadurg. The dying declaration was recorded before PW-11 by the Judicial I Class Magistrate, Rayadurg. He certified that the patient was mentally conscious and fit to give statement. Ex. P-14 is the dying declaration recorded by Judicial I Class Magistrate. Ex. P-15 is the endorsement on Ex. P-14. On the same day, he sent intimation to the S. H. O. Rayadurg. Ex. P-16 is the intimation sent to the Police. After recording the dying declaration by the Judicial I Class Magistrate, Rayadurg the police came and recorded the statement in his presence. The A. S. I. recorded the statement in his presence and he certified that the patient was conscious for recording the statement. The left thumb impression of the patient was taken in his presence. Ex. P-17 is the statement recorded by the A. S. I. Ex. P-18 is the endorsement on Ex. P-17. After giving treatment PW-11 referred the case to the Government Headquarters, Hospital, Anantapur for expert treatment and investigation. This witness, PW-11, was no doubt cross-examined at length. ( 13 ) PW-12 who had conducted post mortem examination on the dead body of the deceased had deposed about the following injuries: 1. A horizontal sutured injury 2 over center of head. 2. Oblique sutured injury over right eye brow 2 extending upwards into frontal region. 3. Sutured wound 1 over center of right cheek. 4. Oblique sutured wound 1 over right upper lip. 5. Sutured wound over tragus of left ear. 6. Sutured wound 2 over tragus of left ear. 7. Sutured wound over back of right middle finger. 8. 2. Oblique sutured injury over right eye brow 2 extending upwards into frontal region. 3. Sutured wound 1 over center of right cheek. 4. Oblique sutured wound 1 over right upper lip. 5. Sutured wound over tragus of left ear. 6. Sutured wound 2 over tragus of left ear. 7. Sutured wound over back of right middle finger. 8. Deformity of left arm with fracture of both fore arm bones at upper 1/3rd with haematoma surrounding. 9. Contusion 3 X 1 over left lower part of breast. 10. Parallel contusions 2 X each over right breast at its inner side. 11. Diffuse contusions with swelling 3 X 2 over dorsum of right hand. On dissection fracture of 3rd, 4th, 5th metacarpal bones. 12. Sutured wound 1 over left leg and its center with deformity. On dissection fracture of left tibia mid-shaft with surrounding haematoma. 13. Diffused multiple contusions over left maxillary and temporal region. 14. Multiple contusions over left upper chest and xhiphisterum 15. Contusion over right shoulder with haematoma 4 X 4. On dissection of face of fracture of mandible at its center and detachment of teeth and fracture of left side of lower maxilla with injury to teeth on left side. On dissection of scalp and opening skull extensive haematoma 4 X 4 with its scalp layers occupying temporal and parietal regions on left side. Subdural haematoma diffused on left tempo parietal region. Brain tissues normal. ( 14 ) ON opening chest and abdomen: Diffused haematoma over sternum and xhiphisterum, lungs congested. Heart: Chambers empty. Stomach: Mucosa congested: contained 200 c. c. of brown coloured fluid. Liver: appears normal on cut section. Kidneys: congested on cut section. Intestines: Nil particular. Uterus: Normal size. No evidence of pregnancy. Urinary bladder: empty. The deceased would appear to have died of shock because of hemorrhage due to multiple injuries. She died 30 hours prior to P. M. examination and she died at 3 a. m. on 20-4-1993. Ex. P-19 is the post mortem certificate issued by me. The injuries could be caused by a blunt weapon like stick. ( 15 ) IT is pertinent to note that this witness in cross-examination deposed that the shock should have been immediate or after one hour or two hours and the shock would have been immediate and might have lasted until her death. The injuries could be caused by a blunt weapon like stick. ( 15 ) IT is pertinent to note that this witness in cross-examination deposed that the shock should have been immediate or after one hour or two hours and the shock would have been immediate and might have lasted until her death. This witness also deposed that there should have been profused bleeding in her mouth and it is very difficult to speak and to give any statement. This is what had been deposed by PW-12. ( 16 ) PW-15 who had recorded the dying declaration no doubt deposed about the recording of dying declaration and putting some questions and the duty doctor certifying that the patient was mentally conscious and was in a fit condition to make the statement. This witness deposed about Ex. P-14 and Ex. A-15. PW-16 is the S. I. of police who had deposed about certain details of investigation relating to the registering of the case and sending of F. I. Rs. to all concerned and visiting the scene of offence and drafting rough sketch of the scene of offence and preparing observation mahazar. The rough sketch of the scene of offence is Ex. P-23. Ex. P-11 is the observation mahazar and this witness also deposed about the seizure of MOs. 1 to 5 and also MO-6. This witness also deposed about the recording of statements of the witnesses and also about the conduct of inquest and this witness also further deposed that PW-1 to PW-9 had stated before him as in Exs. P-1 to P-9. This witness was cross-examined at length. ( 17 ) PW-17 is the Inspector of Police who had deposed about the other details of investigation and arresting of the appellant/accused and sending him to remand and this witness also deposed that he did not record separate statements of witnesses since the same facts were stated before the A. S. I. Ex. P-19 is the post mortem certificate. Ex. P-20 is the statement of PW-13 under Section 161 Cr. P. C. , who also had been declared hostile. Ex. P-21 is the death intimation sent by the Medical Officer, Ex. P-22 is the F. I. R. in Crime No. 41/93 and the Investigating Officers had deposed about the seizure mahazar, rough sketch, altered F. I. R. and other details of the investigation Exs. P. C. , who also had been declared hostile. Ex. P-21 is the death intimation sent by the Medical Officer, Ex. P-22 is the F. I. R. in Crime No. 41/93 and the Investigating Officers had deposed about the seizure mahazar, rough sketch, altered F. I. R. and other details of the investigation Exs. P-21, P-22, P-23, P-24, P-25, P-26, P-27 and P-28. ( 18 ) IN the light of this evidence available on record, especially in the light of several details which are said to have been narrated by the deceased in Ex. P-17, on the strength of Ex. P-14 alone without any other corroboration whatsoever, the conviction and sentence imposed be sustained would be the question. It is pertinent to note that it is not the case of the prosecution that none were present at the time of the incident and in view of the same Ex. P-14 may have to be appreciated in the light of the backdrop of other relevant facts. In the light of the evidence of PW-12, despite the evidence of PW-11 and PW-15 and also in the light of the improved version stating several details in Ex. P-17 which is definitely highly doubtful, this Court is of the considered opinion that on the strength of Ex. P-14 alone especially in the light of the suspicious nature of Ex. P-17 and on a careful scrutiny of these two dying declarations and in the light of the evidence of PW-12 who deposed that there would have been profused bleeding from the mouth and it would be doubtful whether the deceased could have made such a statement at all or not, the appellant/accused is entitled to benefit of doubt. Hence, the conviction and sentence imposed as against the appellant/accused are liable to be set aside and accordingly the same are hereby set aside and the appellant/accused is acquitted of the charges. Accordingly, the Criminal Appeal is allowed. The bail bonds of the appellant/accused shall stand cancelled.