Judgment Virender Singh, J. 1. Asha Devi wife of Jagdish son of Rati Ram is the deceased in this case. On 5.4.1996 at 7.30 A.M. she received burn injuries while staying in the house of her in-laws at village Bhojpur within the jurisdiction of police station Sadar Jagadhri. She was removed to the Civil Hospital, Jagadhri where her statement was recorded on the same day by Ms. Sarita Gupta, Judicial Magistrate, Ist Class, Jagadhri at 12.05 P.M., on the basis of which formal FIR was recorded under Section 307/149 IPC. Special report was sent to the Illaqa Magistrate and other senior police officials. It reached the concerned Magistrate at 5.30 P.M. on the same day. While being removed to PGI, she succumbed to her burn injuries enroute. The main offence was, thus, altered into Section 302 IPC. Asha Devi (since deceased) pointed her accusing finger on the following persons of her in-laws family in her statement (now dying declaration) :- Rati Ram son of Chajju Ram, father-in-law; Jumni Devi wife of Rati Ram, mother-in-law; Sham Lal son of Rati Ram, brother-in-law; Balbir Parshad son of Rati Ram, brother-in-law; Prem Nath son of Rati Ram, brother-in-law; Bala Rani alias Raj Bala, wife of Prem Nath, sister-in-law; 2. All the aforesaid persons have suffered conviction vide impugned judgment dated 28.10.1998 of learned Additional Sessions Judge, Yamuna Nagar (Jagadhri) and have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each, in default of payment of which to suffer further RI for two months under Section 302 IPC. 3. Aggrieved by the impugned judgment of conviction and sentence, they have preferred this appeal. 4. Since the case of the prosecution revolves around the dying declaration made by Asha Devi, it would be proper to reproduce the English translation of its vernacular (Hindi version). But before that, the sequence of timing prior to the recording of the said dying declaration is also important. 5. Asha Devi was brought to the Civil Hospital, Jagadhri at 10.30 A.M., as is clear from the intimation (ruqqa) Exhibit PB sent by Dr. M.R. Passi (PW-1) to the Station House Officer, Police Station Sadar Jagadhri. Application (Ex. PO) was moved to the Chief Judicial Magistrate, Jagadhri, for recording the statement of Asha Devi, which was marked to Ms. Sarita Gupta, the then Judicial magistrate Ist Class. M.R. Passi (PW-1) to the Station House Officer, Police Station Sadar Jagadhri. Application (Ex. PO) was moved to the Chief Judicial Magistrate, Jagadhri, for recording the statement of Asha Devi, which was marked to Ms. Sarita Gupta, the then Judicial magistrate Ist Class. In a formal way, opinion of the concerned doctor was obtained with regard to fitness of the injured to give the statement, whereupon the concerned doctor vide opinion Ex. PC declared her fit to make a statement. Thereafter the statement Ex. PP of Asha Devi was recorded at 12.05 P.M. After recording the statement at 12.07 P.M. vide Ex. PC/1, it was certified that before recording the statement, the injured was told that she was not bound to make any statement and that any statement which she makes, could be used against her. The certificate then indicates that Asha Devi made her statement voluntarily. Another certificate Ex. PC/1 is to the effect that since her hands were burnt, right hand thumb impression could not be taken, the thumb impression of her right foot was obtained. Vide order Ed. PQ, the said statement was sealed. The compliance report was consequently sent by the concerned Magistrate to the Additional Chief Judicial Magistrate. Meanwhile ASI Gurdial Singh (PW-10) also reached the Civil Hospital, but by that time the statement of Asha Devi had already been recorded. He was asked to obtain copy of the said certificate from the Court. Consequently he applied for the same, got the copy, made his endorsement thereon and sent the same for registration of the case, on the basis of which formal FIR Ex. PS was recorded in the concerned police station. The true English translation of the dying declaration made by Asha Devi (Ex. PP) reads thus : Statement of Asha Devi, wife of Jagdish, resident of Bhojpur, Police Station Sadar Jagadhri:- Stated that I was married at the age of 16 years. I am 25 years old. I have two sons, one is 5 years old while the second is 1-1/2 years old. My husband is serving in military. Sometimes he visits us after a week and sometimes after 15 days. In my house, my father-in-law Rati Ram, mother-in- law Jumni, Neth Prem Chand, Jethani Bala Rani, two Devars Sham Lal and Balbir Parshad are staying. My father-in-law, mother-in-law, Jath, Nethani and both the Devers had been harassing me from the very beginning. My husband is serving in military. Sometimes he visits us after a week and sometimes after 15 days. In my house, my father-in-law Rati Ram, mother-in- law Jumni, Neth Prem Chand, Jethani Bala Rani, two Devars Sham Lal and Balbir Parshad are staying. My father-in-law, mother-in-law, Jath, Nethani and both the Devers had been harassing me from the very beginning. My mother-in-law, father-in- law, Jeth, Jethani and both the Devers had been making plans to eliminate me. Last week my mother-in-law, father-in-law, Jeth, Jethani and Devers said, "let us get her bitten from a dog and in this way she would be eliminated. Yesterday, during noon time, my mother-in-law, father-in-law, Devers, Jeth and Jethani had given me servere beatings. Thereafter, yesterday at about 3.00 P.M. when I was about to go to police station to lodge a report, all of them prevented me and said, if she is bent upon to do so, she should be eliminated by setting her ablaze". After getting up today morning, I went to my mother- in-law and in a fit of anger, I broke my bangles (a sign of indignation against the married status). My mother-in-law said that fault lies with her (Asha) and she should be finished. Mother-in-law, father-in- law, Jeth, Jethani and both the devers after conniving with one another tied me with my Chuni (head gear) and poured kerosene oil upon me. The kerosene oil also entered in my eyes. Mother-in-law, father-in-law, Jeth, Jethani and both the devers set me on fire together. I made a lot of noise. The incident occurred at 7.30 A.M. My mother-in-law Jumni, father-in-law Rati Ram, Jeth Prem Chand, Jethani Bala Rani and both the Devars Sham Lal and Balbir Parshad are responsible for setting me on fire. After my death, both of my children be handed over to my parents. Otherwise my in-laws would kill them also. R.O.A.C. Right foot thumb impression Sd/- Sarita Gupta, Judicial Magistrate Ist Class 12.05 P.M. 5.4.1996 6 The prosecution in order to substantiate the charges has produced the following witnesses : Dr. M.R. Passi PW-1 had examined Asha Devi on 5.4.1996 at 10.30 A.M. According to him, the general condition of the patient was serious. Her pulse and blood pressure were not recordable. The patient was crying of pain. Smell of kerosene oil was coming from the body. It was a case of 100% superficial and deep burns. M.R. Passi PW-1 had examined Asha Devi on 5.4.1996 at 10.30 A.M. According to him, the general condition of the patient was serious. Her pulse and blood pressure were not recordable. The patient was crying of pain. Smell of kerosene oil was coming from the body. It was a case of 100% superficial and deep burns. He also talks about the intimation sent by him regarding arrival of the injured in the hospital. The opinion about fitness of the patient was also obtained from him by the concerned Magistrate and after he declared the patient fit to make the statement vide opinion Ex. P.C., the statement of Asha Devi was recorded. This witness has also given another certificate Ex. P.C./1 at 12.05 P.M. to the effect that the patient remained under verbal command throughout the recording of her statement. 7. PW-2 is Constable Ram Kumar Draftsman, who prepared the scaled plan Ex. P.D. of the place of occurrence. 8. PW-3 is Rajinder Kumar Photographer, who on 5.4.1996 clicked the photographs of the place of occurrence, negatives of which are Ex. P-1 to P-3 and positives are Ex. P-4 to P-6. 9. PW-4 is Dr. Rakesh Jain, who on 6.4.1996 conducted autopsy on the dead body of Asha Devi. The post-mortem report is Ex. PE. According to this witness, the total skin of the body was damaged. 10. PW-5 is Constable Surjan Singh, who on 5.4.1996 had delivered the special report to the Illaqa Magistrate at 5.30 P.M. 11. PW-6 is Devi Dayal, father of the deceased, who deposed that on 5.4.1996 his sisters son namely Shyam had gone to village Bhojpur, who on return told him that his daughter Asha had been burnt by her in-laws. After receipt of the information, he reached Civil Hospital, Jagadhri along with one Kura Ram and found his daughter lying in a burnt condition. On asking, his daughter told him that on the previous evening, she was beaten by the accused and when she was intending to go to the police station to make a report, she was not allowed to go out of the house and on the following day i.e. 5.4.1996, there was again a brawl and she had broken her bangles and thereafter all the accused had set her on fire by pouring kerosene oil on her body. He then states that after reaching the hospital, they arranged for a car and when Asha Devi was being taken to PGI, she breathed her last on the way. 12. PW-7 Dayala Ram is a witness to recovery of semi burnt mattress of cotton, a plastic can containing small quantity of kerosene oil and some burnt pieces of clothes and hair besides a match box from the place of occurrence. All those articles were taken into possession vide recovery memo. Ex. PN signed by the Investigating Officer, duly attested by this witness. The can is Ex. P-1 and the parcel containing burnt clothes and hair is Ex. P-2. 13. PW-8 Mool Chand ASI has deposed that on 5.4.1996 having come to know that a woman in a burnt condition had been taken to Civil Hospital Jagadhri, he reached the hospital and found Asha Devi in a serious condition. He made an application Ex. PO to the Chief Judicial Magistrate for recording her statement, which was subsequently marked to Ms. Sarita Gupta, the then Judicial Magistrate Ist Class, Jagadhri. 14. PW-9 is Ms. Sarita Gupta, the then Judicial Magistrate Ist Class, Jagadhri, who had recorded the statement of Asha Devi in Civil Hospital, Jagadhri, which has been alluded to in the opening paras by us. 15. PW-10 is Gurdial Singh, ASI. Major part of whose investigation has already been described hereinabove, i.e. upto the stage of sending of ruqqa for registration of the formal FIR. 16. The remaining part of investigation conducted by him indicates that on 5.4.1996 when he reached the Civil Hospital, Devi Dayal, Kura Ram and Sukhdev Singh met him. After they had taken Asha Devi to the PGI, Chandigarh, he along with Dyala Ram PW and other police officials went to the spot, sent for a Photographer at the spot, inspected the spot, prepared the rough site plan Ex. PT and recovered the items (already stated above) lying at the place of occurrence, put them into sealed parcels. He then deposes that at 5.00 P.M. he came to know about the death of Asha Devi. Her dead body was brought to the mortuary. Thereafter he went there, prepared the inquest report of the dead body and recorded the statements of certain witnesses. On 8.4.1996 he arrested Rati Ram, Sham Lal, Balbir Parshad, Jumni whereas Bala Rani and Prem Nath were arrested by him on 15.4.1996. Her dead body was brought to the mortuary. Thereafter he went there, prepared the inquest report of the dead body and recorded the statements of certain witnesses. On 8.4.1996 he arrested Rati Ram, Sham Lal, Balbir Parshad, Jumni whereas Bala Rani and Prem Nath were arrested by him on 15.4.1996. He also got prepared the scaled plan of the spot from the draftsman. 17. The stand taken up by Rati Ram, his wife Jumni, Sham Lal and Balbir Parshad appellants, as emerges from their statements recorded under Section 313 of the Code of Criminal Procedure is that Asha Devi deceased was living separately and she also sometimes used to live with her husband at the place of his duty and that she died due to accidental fire. 18. Prem Nath has taken a specific plea, which is toed by his wife Bala Rani alias Raj Bala. The same is as under : "I am innocent. Since 1978 I am working in H.M.T. Pinjore. I am residing there with my family members in my own accommodation. My children are studying there in Pinjore HMT School. On 4.4.1996 I was on duty from 2.00 P.M. to 10.00 P.M. and on 5.4.1996 in the morning I went to Hind Motor Chandigarh, Sector 9, Chandigarh and purchased a scooter and thereafter I attended my duty till 10.00 P.M. I and my wife did not come to village Bhojpur on 4.4.1996 and 5.4.1996. On 6.4.1996 I went to my duty and in the office I got information about the death of Asha Devi. I then came back to my residence after informing my superior". 19. In order to substantiate the plea of alibi, Prem Nath has produced one Subhash Saini, Officer Assistant, B.H.M.T., Pinjore (DW-1), who is a time keeper. He has deposed that in order to keep the record of attendance, punching card is prepared in their factory every month; that on that card time of arrival and departure of an employee is punched and consequently the salary bill is prepared; that the entry of attendance is made from the punching card every 3rd or 4th day; that entry of the employees remains open for a period of 1/2 an hour i.e. 15 minutes on either side of the hour from which the duty starts. This witness has proved the card Ex. This witness has proved the card Ex. D-1 of Prem Nath and states that there is no manipulation in the punching of the said card. He further states that as per the record, the card holder of Ex. D-1 was in B shift which starts from 2.00 P.M. and ends at 10.00 P.M. He then states that on 4.4.1996 holder of this card was on duty from 2.00 P.M. to 10.00 P.M. and on 5.4.1996 for half of the day i.e. from 6.00 P.M. to 10.00 P.M. and that when he (Prem Nath) did not come for punching at 10.00 P.M. he got the record from Section head and found that the employee did not turn up on that day despite getting his card punched for arrival. 20. DW-2 Jagan Nath Mishra states that he is a tenant in the house of Prem Nath and on 4.4.1996 at 10.30 he had reached home after finishing his work in B shift; that on 5.4.1996 he left his place at 5.45 A.M. to take the job in general shift and before he left for duty, he had met Prem Nath and his wife; that when he returned home on 5.4.1996 at about 5.45 P.M. he was given sweet by Raj Bala because they had purchased a new scooter; that on 6.4.1996 he had seen Raj Bala and the children but did not see Prem Nath that morning before setting out for the job; that in the evening of 6.4.1996 Prem Nath was not there at the house though his wife and children were there. 21. DW-3 Bhim Sen Verma is a neighbour of Prem Nath, who states that he is working in B-shift and on 4.4.1996 he was in the same shift and on that day when Prem Nath was working in the said shift i.e. from 2 P.M. to 10 P.M. he had taken tea with the latter at 4.30 P.M; that on 5.4.1996 Prem Nath was on first half leave as he was to bring a scooter; that on 6.4.1996 Prem Nath went to the factory for duty when he was having the card with him and told him that his relative had come and he is to go; that while Prem Nath was talking to his relative, he proceeded inside the factory and on that day he did not see Prem Nath on the job. 22. 22. DW-4 Dayal Singh Bhatti, Deputy Manager Personnel, HMT Pinjore states that Prem Nath being their employee is having ticket No. 6735 and his card is Ex. D-1. As per their record, address of Prem Nath is Vishkarma Colony, Pinjore whereas his permanent address is village Bhojpur, post office Jagadhri. 23. DW-5 K.N. Sharma, Manager Engine Shop, HMT Pinjore states that on 4.4.1996 Prem Nath was working in the Engine Shop, of which he is the incharge. He further states that when an employee goes to the factory for work, his attendance is marked in the concerned section, which is more authentic record because an employee can return after getting his card punched at the entry point. According to the record brought by this witness, Prem Nath was on duty on 4.4.1996 and he was in B shift i.e. 2.00 P.M. to 10.00 P.M. On 5.4.1996 he did the duty in second half i.e. from 6.00 P.M. to 10.00 P.M. On 6.4.1996 he did come to the factory at 2.00 P.M. but left the same at 4.00 P.M. and thus he was treated as absent. 24. DW-6 K.K. Kanwal, Manager Administrator, Hind Motors Ltd., Chandigarh has deposed that on 5.4.1996 one Prem Nath son of Rati Ram, resident of Vishkarma Colony, Pinjore had purchased a scooter from them. He proves the invoice number, gate pass and the delivery card of the scooter. 25. DW-7 Chandan Singh Sub-Inspector, Food and Supply, Yamuna Nagar has made a statement on the basis of the record that ration card, copy Ex. D-2 (bearing No. 930742) was issued in the name of Jagdish Chand son of Rati Ram, resident of village Bhojpur for three members and similarly another ration card, copy Ex. D-3 has been issued in the name of Rati Ram son of Chajju Ram, resident of village Bhojpur for four members. 26. D-2 (bearing No. 930742) was issued in the name of Jagdish Chand son of Rati Ram, resident of village Bhojpur for three members and similarly another ration card, copy Ex. D-3 has been issued in the name of Rati Ram son of Chajju Ram, resident of village Bhojpur for four members. 26. DW-8 Puran Chand states that he has a privy wall with the house of Jagdish and on 5.4.1996 at 7.30 A.M. when he was sitting in his Chaubara, smoke was emitting from the house of Jagdish and the children were making noise; that on reaching the said house, this witness saw flame and smoke coming out of the ventilator; that the door of that room was bolted from inside; that after two minutes of his reaching the said house, Gurbachan, Lamberdar of the village also reached there; that he and Gurbachan had broken open the door of the said room by pushing it in and found Asha Devi lying burnt inside the room; that they brought her out; that the fire was extinguished by putting clothes on her; that Rati Ram, who was in his fields at that time, was called at the spot; that Rati Ram brought Asha Devi to the Civil Hospital in a buggi (cart). This witness has then stated that Prem Nath and Raj Bala were not there at the spot. 27. After appreciating the entire evidence, the learned trial Court has convicted and sentenced all the appellants. Hence this appeal. 28. We have heard Shri R.S. Cheema, learned Senior counsel for the appellants and Shri N.S. Bhinder, learned Public Prosecutor representing the State of Haryana. With their assistance we have perused the entire record. 29. Shri R.S. Cheema, learned counsel primarily attacks the dying declaration Ex. PP on the ground that it should not be acceptable to judicial conscience as it suffers from many inherent infirmities. He points out that PW-9 Ms. Sarita Gupta, learned Judicial Magistrate has not taken due care and caution while recording it inasmuch as she has not verified the state of mind of the patient so as to see whether she was fit to make a true and correct statement or not. He points out that PW-9 Ms. Sarita Gupta, learned Judicial Magistrate has not taken due care and caution while recording it inasmuch as she has not verified the state of mind of the patient so as to see whether she was fit to make a true and correct statement or not. Dwelling upon his arguments, the learned counsel contends that the doctors approach regarding fitness of the patient to make a statement is entirely different from the Magistrates approach in this regard and in the instant case the certificate of fitness by the Magistrate before recording the statement is absent. This infirmity goes to the root of the case and creates doubt as to whether the Magistrate had recorded the statement properly or it was just an empty formality and ultimately the statement was merely endorsed by the Magistrate. Drawing our attention to Exhibits PC and PC/1, where there is a noting of PW-1 Dr. Mr. Passi dated 5.4.1996 declaring Asha Devi as fit to make a statement and that she remained under verbal command throughout the recording of statement, Shri Cheema submits that there is no such opinion/certificate of the Magistrate, which was in fact required. 30. Shri Cheema then contends that the certificate otherwise given by the Magistrate after recording the statement of Asha Devi is as if some confessional statement is recorded. This is not the requirement of law. According to him, the Magistrate adopted a procedure of recording a statement under Section 164 Cr.P.C., where the maker of the statement is be apprised of the fact that he/she is not bound to make any statement and the statement made by the said person may be used against him/her. The learned counsel submits that this infirmity may be technical in nature, should also be taken into account as it is the duty of the prosecution to prove that the dying declaration is free from all possible doubts. The fact that it has been recorded by a Judicial Magistrate, would not by itself be a proof of its truthfulness. 31. Shri Cheema then contends that failure of the Magistrate to observe all safe-guards including recording the statement in question-answer form has also not been followed and this infirmity has also its effect in rejecting the dying declaration along with aforesaid weaknesses. 31. Shri Cheema then contends that failure of the Magistrate to observe all safe-guards including recording the statement in question-answer form has also not been followed and this infirmity has also its effect in rejecting the dying declaration along with aforesaid weaknesses. In support of his contention, the learned counsel relies upon the decision of Apex Court in Kanchy Komuramma v. State of Andhra Pradesh, 1996 Supreme Court Cases (Criminal) 31. 32. The next contention raised by Shri Cheema is that the dying declaration cannot otherwise be acted upon for the reason that in all probabilities in this particular case when the patient had received 100% burn injuries and her pulse and blood pressure were not recordable besides the fact that she was in great shock, which in medical term is called hypovolemic. She was not in a capacity to speak out as to what has happened with her. Stretching his arguments, the learned counsel contends that as per the statement of PW-1 Dr. M.R. Passi, she was crying with pain at 10.30 A.M. when she was medico-legally examined by him. It appears to be most improbable that within a short span of about 100 minutes, she was in capacity of dictating out as to what had happened to her, resulting into a lengthy statement, in which she even gives the minutes details of previous occurrence also. The learned counsel from this wants to show that at the time when the Magistrate contacted Asha Devi, "whether she was able to speak with coherence and full orientation" is an issue, which is to be answered by the prosecution by adducing cogent evidence. But in the instant case, the said piece of evidence is missing. For this reason as well, the dying declaration should not be acted upon for upholding conviction of the appellants. 33. Shri Cheema has made another attempt to divide the dying declaration into two parts so as to segregate it with regard to involvement of Prem Nath and his wife Bala Rani alias Raj Bala. There are two occurrences, one relating to 4.4.1996 at about 3.30 P.M. and the second i.e. the main occurrence dated 5.4.1996 at 7.30 A.M. According to the statement of Asha Devi, Prem Chand and Raj Bala are also attributed active participation. There are two occurrences, one relating to 4.4.1996 at about 3.30 P.M. and the second i.e. the main occurrence dated 5.4.1996 at 7.30 A.M. According to the statement of Asha Devi, Prem Chand and Raj Bala are also attributed active participation. The learned counsel submits that this statement is totally inconsistent with the factual position qua Prem Chand and Raj Bala, as it has been proved that they were not in village Bhojpur on 4.4.1996 when the alleged first occurrence took place or even on 5.4.1996 at 7.30 A.M. at the time of alleged second occurrence of burning. There is no reason to discard the positive defence evidence with regard to the plea of alibi of Prem Chand and his wife Raj Bala. Once it is proved that the dying declaration is adulterated containing falsehood in it, it loses its credibility and this weakness in itself would be sufficient to discard the dying declaration in its entirety. 34. The learned counsel otherwise contends that legally also some part of dying declaration, which is not convincing and does not depend upon the correctness of the other part, can be rejected by the Court believing the other part of it. But if falsity of some part cannot be segregated depending upon the circumstances of the case, then in that eventuality, whole of the dying declaration has to be rejected. The learned counsel while placing reliance upon a decision of the Honble Supreme Court rendered in Godhu and another v. State of Rajasthan, AIR 1974 SC 2188 submits that in the instant case, on both the occasions role of Prem Chand and Raj Bala is indissolubly linked as they are attributed specific parts, whereas the cogent documentary evidence on record is that they were not present in the village on both the occasions as alleged in the dying declaration and in this situation, it is not possible to dissect the dying declaration, may be that it lends favour to the plea of Prem Chand and his wife Raj Bala and, therefore, the only course open to the Court is to reject the dying declaration whole hog and all the appellants, thus, deserve acquittal in this case. 35. The learned counsel at the same time submits that the involvement of Prem Chand and Raj Bala in this case appears to be on account of hatred and vendetta. 35. The learned counsel at the same time submits that the involvement of Prem Chand and Raj Bala in this case appears to be on account of hatred and vendetta. Sometimes the person making a declaration not only accuses the actual offenders but also names the other persons out of sense of hatred. In support of his contention, he relies upon the decisions in Bakhshish Singh alias Bakhshi and others v. Emperior, AIR 1925 Lahore 549 and Vishal Sadashiv Gaikwad v. State of Maharashtra, 1994 Criminal Law Journal 2035. The learned counsel submits that in the instant case, the totality of circumstances indicate that Asha Devi deceased was having some hatred with Raja Bala and her husband Prem Nath, due to which she has alleged their active participation despite the fact that they were not present in the house. Even otherwise Asha Devi was staying separately in the village, as is evident from the two ration cards (Exhibits D-2 and D-3) and this all is indicative of the fact that the present appellants were not present in the house when the alleged occurrence had taken place. In this regard, our attention has been drawn to the statement of DW-8 Puran Chand, who is the next door neighbour of Jagdish (husband of Asha Devi deceased) and while sitting in his Chaubara he had noticed smoke coming out from the house of Jagdish, that thereafter he along with Gurbachan reached the room, broke open the door, which was bolted from inside and then extinguished the fire by putting clothes on Asha Devi. According to the learned counsel, this indicates that Asha Devi had received accidental burn injuries at 7.30 A.M. on 5.4.1996 or in a bid to commit suicide, she might have taken this drastic step in the absence of every body, after bolting the door from inside. She was brought to the Civil Hospital by her father-in-law Rati Ram, which fact is not only proved from ruqqa Ex. PB sent by Dr. M.R. Passi on 5.4.1996 at 10.30 A.M. wherein name of Rati Ram finds mention in the column "case brought by _", but is also proved from the statement of DW-8 Puran Chand to the effect that Rati Ram was called from his fields and thereafter the latter brought Asha Devi to the hospital in a buggi (rehri). M.R. Passi on 5.4.1996 at 10.30 A.M. wherein name of Rati Ram finds mention in the column "case brought by _", but is also proved from the statement of DW-8 Puran Chand to the effect that Rati Ram was called from his fields and thereafter the latter brought Asha Devi to the hospital in a buggi (rehri). According to Shri Cheema, this material piece of evidence speaks volumes of false implication of the appellants. 36. Attacking the dying declaration yet from another angle, the learned counsel submits that introducing oral dying declaration from the mouth of PW-6 Devi Dayal, father of the deceased is again a crude padding by the prosecution in order to lend corroboration to the statement Ex. PP already made by the deceased before the Judicial Magistrate. Referring to the substantive statement of Devi Dayal, the learned counsel submits that it appears that she was tutored by some outside agency, may be from her parental side, before she made the statement before the Magistrate, as it is the specific case of Devi Dayal that when he reached the hospital, his daughter was lying in the Verandah of the hospital and that he had reached the hospital at 11.00 A.M., whereas the statement of his daughter was recorded after 11.22 A.M. and finished at 12.07 P.M. According to the learned counsel, the possibility of tutoring in this eventuality cannot be ruled out. For this reason as well, the said dying declaration deserves to be rejected. Relying upon a basic judgment of Honble Apex Court in Khushal Rao v. State of Bombay, AIR 1958 SC 22, Shri Cheema has submitted that it cannot be said as an absolute rule of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated, but each case has to be decided on its own facts. Their Lordships have observed that the dying declaration stands on the same footing as another piece of evidence and has to be judged in the light of surrounding circumstances and with reference to the principles governing the weighing of evidence and it should not be the result of tutoring by interested parties. Their Lordships have observed that the dying declaration stands on the same footing as another piece of evidence and has to be judged in the light of surrounding circumstances and with reference to the principles governing the weighing of evidence and it should not be the result of tutoring by interested parties. According to the learned counsel, in this case if the statement of Asha Devi is seen vis-a-vis the defence evidence and the other surrounding circumstance including the fact that there is technical/legal infirmity in recording the said statement, the same would merit rejection. 37. Setting store by the aforesaid submissions, the learned counsel with full vehemence contends that all the appellants deserve acquittal of the charges framed against them. 38. Opposing the arguments advanced by learned counsel for the appellants, Shri N.S. Bhinder, learned Public Prosecutor submits that there is no reason to disbelieve the dying declaration, which gives true account of the miseries meted out to Asha Devi deceased at the hands of the present appellants. He then contends that there is no conflict between the medical evidence and the oral evidence and even if some irregularity has been committed by the learned Magistrate while recording the statement (now dying declaration) of Asha Devi in the Civil Hospital, the same cannot be taken as a ground to reject the statement, which is worthy of credence and is otherwise corroborated by the statement of her father, who also happened to be in the hospital almost at the same time, after receipt of message of admission of his daughter. The learned Public Prosecutor then contends that may be Asha had received 100% burns but as per the certificate of PW-1 Dr. Mr. Passi, she was fit to make the statement at 11.22 A.M. and remained fit till her statement was over at 12.07 P.M. This by itself is enough to show that Asha Devi was in a fit state of mind when her statement was recorded. The learned State counsel very fairly states that the general practice to be adopted by the Magistrate for recording the dying declaration is that it should be in question-answer form, but since this procedure has not been adopted, that again would not be a good ground to discard the dying declaration as it is, when there is no inherent infirmity in it. According to the learned counsel, Puran Chand and his wife Raj Bala have created the defence evidence seeking favour from the management in order to save their skin, whereas they were very much present at both the stages of occurrence and as such they too have no escape from their liability. 39. After giving our thoughtful considerations to the respective submissions made by either side and going through the entire record carefully, we are of the view that the prosecution has been able to prove its case against all the appellants beyond any shadow of reasonable doubt. The reasons for arriving at the said concussion are set out by us as under : 40. Nemo moriturus praesumitur mentire - No one at the time of death is presumed to tell lie is the philosophy underlying admittance in the evidence of dying declaration. It is commonly said that a person on the verge of his death has a special sanctity as at that solemn moment, he/she is most unlikely to make any untrue statement. A dying declaration thus enjoys a sacrosanct status as a piece of evidence being in the shape of last words coming from the mouth of the deceased (victim). It is the principle of criminal jurisprudence that once the statement of a dying person passes the test of scrutiny of the Courts, it turns to be a very important piece of evidence and if it is free from all embellishments, the dying declaration by itself can be considered to be sufficient for recording the conviction. In that eventuality, the Court has not to look for any corroboration. This statement of law is summed up on the judgment of Honble Supreme Court in Kundula Bala Subrahmanyam v. State of Andhra Pradesh, JT 1993(2) SC 59. The Supreme Court added that such a statement called "the dying declaration" is relevant and admissible in evidence, provided it has been made by the deceased while in a fit mental condition. 41. This statement of law is summed up on the judgment of Honble Supreme Court in Kundula Bala Subrahmanyam v. State of Andhra Pradesh, JT 1993(2) SC 59. The Supreme Court added that such a statement called "the dying declaration" is relevant and admissible in evidence, provided it has been made by the deceased while in a fit mental condition. 41. Thus a gist of the above situation is that it is the sacred duty of the Court while examining the dying declaration, to ensure that the deceased was in fit mental condition to make the statement and it was a voluntary act, free from any outer pressure from any source because the deceased was never subjected to cross-examination and her statement becomes admissible piece of evidence by virtue of Section 32(1) of the Indian Evidence Act, 1872 . 42. Since questioning the reliability of the dying declaration, one of the main attacks is with regard to fitness of mental condition of the deceased, we deem it appropriate to deal with that limb of argument first of all. The contention of Mr. Cheema is that PW-9 Ms. Sarita Gupta, Judicial Magistrate, before recording the statement of Asha has not verified the state of mind of the patient as to whether she was capable of making a correct statement or not. In this respect, we have seen the relevant document Ex. PO/1 once again. Ms. Sarita Gupta reached the Civil Hospital at 11.15 A.M. on 5.4.1996 and obtained the certificate Ex. PC of the doctor regarding fitness of the declarent. The said writing is in her own hand, in which it is said as under : "Doctor on duty to report whether Asha wife of Jagdish is fit to make her statement". Sd/- Sarita Gupta, JMIC, 11.22 A.M. 5.4.1996" 43. PW-1 M.R. Passi declared the patient fit at 11.22 A.M. She then recorded the statement Ex. PP of Asha Devi, which concluded at 12.05 P.M., as is evident from the endorsement made by the Magistrate on the foot of the said statement. At 12.5 P.M. another certificate Ex PC/1 is obtained by the Magistrate from Dr. Passi to the effect that "the patient remained under verbal command throughout the statement." Thereafter she gives the certificate Ex. PP-1 to the following effect :- "Certified that before recording the statement of Smt. Asha, I had disclosed my identity to her. At 12.5 P.M. another certificate Ex PC/1 is obtained by the Magistrate from Dr. Passi to the effect that "the patient remained under verbal command throughout the statement." Thereafter she gives the certificate Ex. PP-1 to the following effect :- "Certified that before recording the statement of Smt. Asha, I had disclosed my identity to her. She was told that she was not bound to make any statement. Any statement she may make, may be used against her. Statement has been made by her voluntarily. It contains true account of her statement. Nothing has been deleted or added to her statement. Sd/- Sarita Gupta, JMIC, 12.07 P.M. 5.4.1996" 44. Another certificate Ex. PP/2 given by the Magistrate is that since hands of Asha Devi were severally (severely ?) burnt and her right hand thumb impression could not be taken, thumb impression of right foot has been taken. 45. No doubt, from the aforesaid documentary evidence it emerges that the Magistrate has not given her independent certificate about the state of mind of the patient, but in our considered view, this would not turn out to be a good ground to discard the statement, especially when the certificate of the doctor regarding mental state of the patient was there and given at two stages, i.e. before recording of the statement and after it was recorded. He has categorically stated that she remained under verbal command throughout the statement. The substantive statement of PW-9 Ms. Sarita Gupta, Judicial Magistrate in Court also assumes importance, in which she has categorically deposed thus : "--- She remained under my verbal command and conscious during the time I took her statement." 46. In cross-examination, she makes it more clear by stating thus : "I started recording the statement at 11.22 A.M. and completed the same at 12.05 P.M. During this period, at no point of time she stopped responding to my verbal command". 47. From the aforesaid evidence, it is amply clear that right from 11.22 A.M. upto the conclusion of the statement, Asha Devi remained in fit state of mind to make her statement. She was responding to all the verbal commands of the Magistrate, who was getting the true picture from her regarding the incident. The best witness to give certificate regarding the fitness of the injured to make a statement was the doctor attending on her. In the instant case, Dr. She was responding to all the verbal commands of the Magistrate, who was getting the true picture from her regarding the incident. The best witness to give certificate regarding the fitness of the injured to make a statement was the doctor attending on her. In the instant case, Dr. Passi has given the aforesaid two certificates at two different stages. This doctor also remained present with the Magistrate throughout the recording of statement of Asha Devi, as is clear from the following statement of the Magistrate in the cross-examination :- "The doctor remained in attendance during the recording of her statement." 48. In Laxman v. State of Maharashtra, 2002(4) Recent Criminal Reports 149 (SC) while dealing with this aspect in a reference matter, their Lordships while sitting in Constitutional Bench have observed that the certificate of the doctor that the patient is conscious is sufficient and it is not necessary that the certificate should indicate that the patient is in a fit state of mind to make the statement. In the aforesaid judgment, another judgment of Honble Supreme Court rendered in Paparambaka Rosamma and others v. State of Andhra Pradesh, 1999(4) Recent Criminal Reports 104 : 1999(7) SCC 695 was held to be not correctly decided and the decision in Koli Chunilal Savji and another v. State of Gujarat, 1999(9) SCC 562 was referred to, in which it was held that the ultimate test is whether the dying declaration can be held to be a truthful one and voluntarily given and before recording the declaration the officer concerned must find that the declarant was in a fit condition to make the statement in question. Earlier decision rendered in Ravi Chander v. State of Punjab, 1998(9) SCC 303 was relied upon wherein it is observed that the Magistrate being a disinterested witness and a responsible officer having no animus against the accused or in any way interested for fabricating the dying declaration, question of doubting the dying declaration recorded by the Magistrate should not arise. 49. In Dhan Raj v. State of Maharashtra, 2002(4) RCR(Criminal) 157, it is held by the Honble Supreme Court that if the 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% burns when she reached the hospital and her statement was recorded by a Naib Tehsildar. In this cited case, the deceased was having 60% burns when she reached the hospital and her statement was recorded by a Naib Tehsildar. No certificate of doctor regarding fitness was obtained. The death took place after 5 days. In these circumstances, statement of the deceased was relied upon by taking into consideration the fact that she reached the hospital herself and other circumstances showed that she was in a 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 statement of mind. Their Lordships further observed that the dying declaration recorded without certificate of a doctor regarding mental fitness can be relied upon when other circumstances showed that she was in a fit mental state. 50. After carefully examining the statements of PW-9 Ms. Sarita Gupta, the Judicial Magistrate and PW-1 Dr. M.R. Passi, the attending doctor to Asha deceased, we are of the view that Asha Devi was in fit state of mind to make her statement before the Magistrate. The absence of the certificate of the Magistrate in the present set of circumstances would not be sufficient to conclude that she did not make true or correct statement voluntarily. The argument advanced by Mr. Cheema is thus repelled. 51. Let us now examine the statement of Asha Devi deceased vis-a-vis the second attack made by learned counsel for the appellants to the effect that the certificate given by the Magistrate after recording the dying declaration is in the shape of a confessional statement, which is not the requirement of law and for this reason, technically the statement should be rejected. We do not find any force in this submission as well. No doubt, as per Chapter 13-A of the Rules and Orders of Punjab and Haryana High Court, for recording the dying declaration by a Magistrate, it is not required that the injured, whose statement is to be recorded, should be told that the statement being made by him can be used against him/her. The words used by the Magistrate, no doubt are imported from the provisions of recording a statement under Section 164(2) of the Code of Criminal Procedure. But this is simply on account of lack of requisite training from the concerned quarters, which is otherwise a need of the hour. The words used by the Magistrate, no doubt are imported from the provisions of recording a statement under Section 164(2) of the Code of Criminal Procedure. But this is simply on account of lack of requisite training from the concerned quarters, which is otherwise a need of the hour. This matter can be taken up on administrative side at the time of organising the workshops for Judicial Officers. We have, however, appreciated this aspect on the touch stone of legality. When a maker of the dying declaration dies, the statement becomes admissible under Section 32 of the Indian Evidence Act, but if he/she survives, that it is not a statement under Section 32 of the Act but a statement under Section 164 Cr.P.C. only. In that situation, it can be used under Section 157 of the Evidence Act for the purpose of corroboration and under Section 155 for the purpose of contradiction. If we now see the certificate of the Magistrate from that angle, it does not suffer from any flaw. In this regard, reference can be made to a latest judgment of Honble Apex Court rendered in State of Uttar Pradesh v. Veer Singh and others, 2004(2) RCR(Criminal) 952 (SC). In the aforesaid judgment, their Lordships also considered the decisions in Ramprasad v. State of Maharashtra, 1999(2) RCR(Crl.) 819 (SC); Sunil Kumar v. State of Madhya Pradesh, 1997(1) RCR(Crl.) 749 (SC) and Gentela Vijayavardhan Rao v. State of Andhra Pradesh, 1996(3) RCR(Crl.) 548 (SC). 52. To be fair to Mr. Cheema, we may observe here that the judgment cited in Kanchy Komurammas case (supra) by him for rejecting the dying declaration on technical grounds renders no help to him as the facts in hand are absolutely distinguishable on all counts. 53. The other argument advanced by learned counsel for the appellants that in all probabilities, Asha Devi was not in a position to make a statement on account of extensive burn injuries, is again of no avail. No doubt, it was a case of 100% burn injuries. Even according to PW-1 Dr. M.R. Passi, the pulse and blood pressure were also not recordable at 10.30 A.M. when she was initially examined by him. As per the medico-legal report, there were superficial to deep burns. No doubt, it was a case of 100% burn injuries. Even according to PW-1 Dr. M.R. Passi, the pulse and blood pressure were also not recordable at 10.30 A.M. when she was initially examined by him. As per the medico-legal report, there were superficial to deep burns. In this statement before the Court, this witness makes it clear that at some places the burns were superficial and at other places these were deep. In his cross-examination, he makes it clear that the patient was given Extrose 5% injection, Haemaceal injection, gentamicene injection, titnus taxoid and antiseptic dressing with silver sulphadygene. According to this witness all these drugs were life saving drugs. He denies the suggestion that any of these drugs causes intoxication. From the aforesaid evidence, it is clear that before the fitness certificate was given by Dr. M.R. Passi, he had been treating the injured for about one hour and when he found her to be fit to make a statement, he gave the certificate at 11.22 A.M. to the Magistrate. Thus, it can be concluded that Asha Devi was in a fit statement of mind to make the statement, may be that she had received 100% burns. We have noticed that in many cases in which the injured received 80-100% burns, survived for days together. This all depends upon the extensiveness of the burns and the medical aid provided to the injured. 54. On the basis of the aforesaid discussion, we hold that Asha Devi (since deceased) was able to speak with coherence and full orientation before the Magistrate at 11.22 A.M. upto 12.07 P.M., i.e. upto the conclusion of her statement. 55. A feeble attempt made by Shri Cheema to demolish the dying declaration for the reason that it was not recorded in questions and answers form, is again of no help to him, as we have already observed that the dying declaration recorded by the Judicial Magistrate is corroborated by all the surrounding circumstances including the fact that there is an endorsement of the doctor that the patient was in a position to give statement and also remained mentally fit upto the stage of conclusion of the dying declaration. The value of the said dying declaration shall not be detracted even if it is not recorded in questions and answers form. The value of the said dying declaration shall not be detracted even if it is not recorded in questions and answers form. Reference can be made to the judgment of Honble Supreme Court rendered in Ganpat Mahadeo Mane v. State of Maharashtra, 1993(1) RCR(Crl.) 225 (SC) : 1992(3) All India Criminal Law Reporter 545. 56. We have once again perused the dying declaration very minutely vis-a-vis the evidence adduced by the appellants in their defence. The learned counsel while asking for rejection of whole of the dying declaration on the basis of seasoned professional acumen has also developed an alternative plea for segregating the dying declaration qua Prem Nath and his wife Raj Bala at least, submitting that the plea of alibi developed by them is proved to the hilt by way of documentary/oral evidence indicating that these two persons were not present in village Bhojpur in the house of Rati Ram on 4.4.1996 during noon hours and even on 5.4.1996 at 7.30 A.M. as well. There is no dispute with regard to the proposition of law that some part of the dying declaration can be severed from the other part if it does not depend upon the correctness of the other. Besides the judgment rendered in Godhu and another (supra) cited by Shri Cheema in this regard, reference can also be made to a very latest judgment of Honble Supreme Court rendered in Narain Singh and another v. State of Haryana, 2004(2) Recent Criminal Reports 933 in which their Lordships have observed that in law there is no bar in acting on a part of the dying declaration if it passed the test of reliability. In the aforesaid case four persons were convicted on the basis of dying declaration by the trial Court. However, the High Court in appeal had acquitted two persons and maintained the conviction of the remaining two accused. Although the Supreme Court has doubted the entire dying declaration and acquitted the remaining two accused as well holding that the dying declaration does not pass the test of reliability but at the same time has observed that there is no bar in law in acting on a part of a dying declaration. 57. Let us examine the defence evidence in this regard. In support of their alibi Prem Nath and his wife have produced DW-1 Subhash Saini, Office Assistant B.H.M.T. Pinjore. He is Time Keeper. 57. Let us examine the defence evidence in this regard. In support of their alibi Prem Nath and his wife have produced DW-1 Subhash Saini, Office Assistant B.H.M.T. Pinjore. He is Time Keeper. He states that a card at the time of arrival and departure of an employee is punched and on the basis of that his salary is drawn. He also proves the Card Ex. D-1 of Prem Nath showing that he is the employee of HMT Pinjore. In cross-examination he states that two employees of the factory keep supervision over the punching machine to avoid proxy punching. He further states that if an employee after punching his card returns back for punching another card then the identity card is examined and if anybody joins his duty after being on half day leave, his card is not punched for arrival. He further states that it is possible that on some occasion the attendance register is prepared with the gap of six or seven days. From this one can understand that attendance on behalf of punching in the machine is in fact not a fool-proof method. Prem Nath was on duty from 2 P.M. to 10 P.M. on 4.4.1996. He has made an attempt to prove this fact from the statements of Jagan Nath DW-2, Bhim Sain Verma DW-3, Dayal Singh Bhatti DW-4 and one K.N. Sharma, DW-5. From the aforesaid evidence one fact is very clear that admittedly the Card Ex. D-1 is the property of HMT and there cannot be any good ground for this document to come out of the factory. Ex. D-1 was in the possession of Prem Nath appellant and it is not brought by official of the factory. There is no explanation coming forth for this circumstance from the side of the defence. Even otherwise Subhash Saini DW-1 has stated that one can punch his card, it could be punched by other employee also. So one man can punch two cards. 58. Dayal Singh Bhatti, Deputy Manager, Personnel HMT Pinjore in his cross- examination has categorically stated that card D-1 is the property of HMT and it cannot be brought out from the factory and if some one takes out the card action would be taken against him. This witness further makes it clear that there is no record with him of initiation of any action against Prem Nath. This witness further makes it clear that there is no record with him of initiation of any action against Prem Nath. The observation made by the trial Court is that if the card was punched by Prem Nath appellant, it should have remained with the factory and should have not come out in any circumstance. The very fact that the card was with the accused shows that there was pre-determination for making evidence. We agree with this finding of the trial Court. 59. An attempt has also been made by Prem Nath to show that on 4.4.1996 at 10.30 P.M., he was present in Vishkarma Colony, Pinjore in his house by producing one Jagan Nath Mishra DW-2 who happens to be the tenant. This witness also states that on 5.4.1996 at 5.45 A.M. when he had left his house to take the job in general shift he had seen Prem Nath and his wife and when he returned home on 5.4.1996 at about 5 P.M., he was given sweets by Raj Bala because they had purchased new scooter. He does not say a word that Prem Nath was also there when the sweets were given to him. On 6.4.1996, he saw Raj Bala and the children but did not see Prem Nath before going for his job. Similarly to substantiate the plea of the alibi on both the days, Bhim Sain Verma DW-3 who claims himself to be the neighbour of Prem Nath states that on 4.4.1996, Prem Nath was on second shift i.e. from 2 P.M. to 10 P.M. and he even took tea at 4.30 P.M. with him. He also talks of the leave of Prem Nath for first half day. We are not inclined to believe the oral statement of Jagan Nath Mishra DW-2 and Bhim Sain Verma DW-3 as one is tenant of Prem Nath whereas other is neighbour. They in any case could toe the line of Prem Nath in order to save their skin. We may mention here that Bhim Sain Verma does not know about the other days when Prem Nath remained on leave or had attended to his job but was very clear about 4th and 6th April, 1996. This witness is absolutely unbelievable. Similarly Jagan Nath Mishra in cross-examination states that police had come to the house of Prem Nath who had not contacted him. This witness is absolutely unbelievable. Similarly Jagan Nath Mishra in cross-examination states that police had come to the house of Prem Nath who had not contacted him. If Prem Nath and his wife had not been in village Bhojpur on 4.4.1996 and 5.4.1996 at the alleged time of two different occurrences, it is not possible that Prem Nath who is an educated person would not have raised hue and cry for his false implication by moving the applications to the concerned quarters asking for reinvestigation of the case after he was arrested and confined in jail. Even his wife Raj Bala who remained on bail during trial, as is clear from the records, could also knock at the doors of the senior police officials showing her grouse on account of their false implication and request for the proper investigation in the light of their plea. Any senior officer of HMT Pinjore where Prem Nath was employed could also move any written complaint projecting the alibi of Prem Nath. The same is not done. This really creates doubt in our mind regarding plea of alibi. 60. Mr. K.K. Kanwal, Manager Administration, Hind Motors Ltd. Chandigarh talks only about the delivery of scooter in the name of Prem Nath son of Rati Ram on 5.4.1996 at about 11 A.M. No doubt he states that agency opens at 9.00 A.M., but this fact, would not be a ground to believe the plea of alibi of Prem Nath to the effect that he could not possibly be present at 7.30 A.M. on 5.4.1996 at Bhojpur. Anybody can come by a scooter. We take it other way. Even after the occurrence, Prem Nath could reach Chandigarh for the purpose of purchasing scooter. Similarly both could be present in the noon hours as well on 4.4.1996 when the earlier occurrence of beating of Asha Devi had taken place. The means of conveyance are available nowadays. It is also possible that Raj Bala might have stayed back in Bhojpur and Prem Nath alone had left for Pinjore. It is the case of Prem Nath himself that he was on half day leave on 5.4.1996. There is every possibility that he might have come back on the same night to village Bhojpur after attending to his duty or could also be present in the village before 7 A.M. on 5.4.1996. It is the case of Prem Nath himself that he was on half day leave on 5.4.1996. There is every possibility that he might have come back on the same night to village Bhojpur after attending to his duty or could also be present in the village before 7 A.M. on 5.4.1996. By means of fast conveyance, this distance can be covered within two hours. We can very well take judicial notice of this fact. 61. The story of distributing of sweets by Raj Bala is also not appealing to us. Asha died during noon hours as is stated by her father Devi Dayal when she was being taken to PGI, Chandigarh she succumbed to the injuries. It is not conceivable that no one from the side of the appellants was accompanying Asha Rani to PGI for her further treatment. By that time, the police had not swung into action. If Prem Nath and Raj Bala were in Pinjore, they would have been informed about the death of Asha by evening time and then it is not believable that Raj Bala would distribute the sweets in the evening hours, as said by the defence witnesses. This all indicates that this defence has been coined up by Prem Nath and his wife for their ends. To prove the plea of alibi the onus strictly lies on the accused and in the case in hand, the evidence brought on the record is not enough which would rule out the possibility of their presence at the spot. We, thus, conclude that the dying declaration is not containing any false-hood in it so as to extend benefit to Prem Nath and Raj Bala appellants and they were very much present on both the occasions. The judgments rendered in Bakhshish Singh alias Bakshi and Vishal Sadashiv Gaikwad (supra) relied upon by Mr. Cheema do not come to their rescue. 62. Similarly, ration cards Exhibits D-1 and D-2 do not strengthen the defence plea. DW-7 Chandan Singh has stated that the two numbers of the ration cards show that two live together i.e. in the neighbourhood of each other. On the date of occurrence, Jagdish, the husband of Asha Devi was there. Even Devi Dayal says in this statement that parents of Jagdish used to conceal the place of posting of Jagdish from Asha. DW-7 Chandan Singh has stated that the two numbers of the ration cards show that two live together i.e. in the neighbourhood of each other. On the date of occurrence, Jagdish, the husband of Asha Devi was there. Even Devi Dayal says in this statement that parents of Jagdish used to conceal the place of posting of Jagdish from Asha. In his statement, he has stated that she used to do all the household work. This indicates that those days, she was staying with Rati Ram etc. Another fact which assumes importance is that the defence set up is that that Asha received burn injuries accidentally. DW-8 Puran Chand says that he after seeing the flames reached the house of Jagdish and pushed the door, which was bolted from inside. This falsify the plea. In fact this is an incident and not an accident. We otherwise do not give any credence to the statement of this defence witness. He is bound to toe the line of appellants being from the same village. At the same time, the fact that Rati Ram had taken his daughter to the hospital, would not absolve him of his criminal liability. He might have taken Asha Devi to the hospital on mere asking of other villagers, who had gathered there. After all she was to be removed to the hospital by some one. 63. Even if we disbelieve this part that Asha Devi could not repeat all that has been happened to her in her in-laws house on 4.4.1996 and 5.4.1996 before her father Devi Dayal PW-6 and there is some improvement done by the investigating agency in a bid to lend corroboration to the statement Ex. PP initially recorded by the Magistrate yet we do not doubt his presence in the hospital within few hours of admission of Asha Devi in Civil Hospital, Jagadhri. He also contacts his daughter almost within a few minutes after her statement was recorded. No doubt he gives the time as 11 A.M. in reaching the hospital but that would not make any difference because a rustic villager is not expected to give exact time strictly by watch. He also contacts his daughter almost within a few minutes after her statement was recorded. No doubt he gives the time as 11 A.M. in reaching the hospital but that would not make any difference because a rustic villager is not expected to give exact time strictly by watch. As is clear from the aforesaid discussion that Asha Devi was able to speak, she must have disclosed the incident to her father as well may not be in the same details as narrated to the Magistrate in the presence of the doctor. It is very natural that the doctor must have allowed the father to meet his daughter considerating the sentimental aspect, especially when his daughter was on the verge of death. 64. We, thus, find no reason to discard the statement of Devi Dayal, the father of the deceased. The last voice, thus, gets corroboration. In fact, Asha Devi was betwixt fear of God and fright of death. She would say only facts, facts and hard facts narrating what actually happened to her. 65. To sum up, we are of the considered view that the dying declaration recorded by the Magistrate in the presence of the doctor is believable in its entirety for the purpose of maintaining conviction. The prosecution has been able to succeed in proving the charge against all the appellants beyond any shadow of reasonable doubt. Their conviction is, thus, affirmed. 66. The net result is that the appeal fails being devoid of any merit. Since Raj Bala appellant is on bail, she will surrender forthwith to serve remaining part of her sentence. Necessary steps shall also be taken in this regard.