JUDGMENT H.S. Bhalla, J.:- This appeal is directed against the judgment dated 8.9.1997 passed by Sessions Judge, Rohtak, whereby he convicted the appellant under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and he was ordered to pay a fine of Rs.500/-; in default thereof, he was further directed to undergo rigorous imprisonment for a period of six months. 2. A synoptical resume of the prosecution case is as under:­ 3. On the statement, Ex. PQ, made by deceased Smt. Pritma Devi before the police on 7.8.1995 at 2.00 A.M. at Civil Hospital, Bahadurgarh, a case under Section 452/324 of the Indian Penal Code was registered against the accused, wherein she alleged that she is the daughter of Ram Chet, resident of Haridwar (U.P.) and was married with Vijay Kumar (PW) about a year ago, who is employed in Krishna Paper Mill and they were residing in the house of Attar son of Sher Singh, Tailor by profession in Nai Basti, Bahadurgarh and that yesterday around 8.30 P.M. she and her husband Vijay Kumar had returned to their house after witnessing Krishan Leela. At that time accused, who is known to her earlier since he is the nephew of their landlord, came there and in an anger tone, he asked as to why they had thrown water in the passage, as he could slip and break his leg and started using abusive language, whereupon Smt. Pritma Devi told him that they had not thrown the water. At this, accused, in a heat of rage, went outside and came after some time, holding a kitchen knife in his hand and threatened her that he would stab her. On hearing this, her husband stepped forward to rescue her, but the accused succeeded in giving a knife blow, which landed on her right hip and thereafter escaped with the weapon of offence. Her husband tried to chase him, but could not succeed and thereafter he put her in a rickshaw and brought her to Civil Hospital, Bahadurgarh. During the course of investigation, the injured was got medically examined on 6.8.1995 at 11.45 P.M. Place of occurrence was scanned and a rough site plan was prepared. Her husband tried to chase him, but could not succeed and thereafter he put her in a rickshaw and brought her to Civil Hospital, Bahadurgarh. During the course of investigation, the injured was got medically examined on 6.8.1995 at 11.45 P.M. Place of occurrence was scanned and a rough site plan was prepared. The injured Pritma Devi succumbed to the injuries on 10.8.1995 at 8.35 A.M. and thereafter inquest proceedings were carried out and autopsy was got conducted on 11.8.1995 at 3.30 P.M. Offence was later on, converted into Section 302 of the Indian Penal Code. The clothes of the deceased and the knife got recovered by the accused were sent to the Bureau for examination and report of the Bureau has been received. After completion of necessary investigation, accused was sent up for trial. 4. Accused was charge sheeted under section 302 of the Indian Penal Code, to which he did not plead guilty and claimed trial. 5. Prosecution, in order to prove its case, examined as many as six witnesses, namely, Sumit Kumar (PW-1), Dr. N.K.Mundra (PW­2), Dr. I.S. Nassir (PW-3), Ram Avtar, ASI (PW-4) Vijay Kumar (PW-5) and Raghbir Singh, ASI (PW-6), the Investigating Officer of the case and closed its evidence after tendering certain documents. 6. In his statement recorded under section 313 of the Code of Criminal Procedure, accused denied all the prosecution allegations levelled against him and he pleaded that he has been falsely implicated in the present case. 7. We have heard the learned counsel for the parties and have also gone through the record carefully. 8. The entire case of the prosecution revolves around the solitary statement, Ex. PO, suffered by deceased Pritma Devi before her demise and since she died after suffering this statement, her statement can be considered as her dying declaration. Before we proceed further in the matter, it is necessary to reproduce the statement, Ex. PO, of the deceased, which runs as under:­ “Stated that I am resident of the above mentioned address and do labour work. I am daughter of Ram Chet son of Bish Ram resident of Haridwar (U.P.) One year ago I was married to Vijay Kumar son of Chandan Singh, Bania, resident of Chhogwan, district Aligarh (U.P.), who serves in Krishna Paper Mill. We are living on rent in the house of Attar son of Sher Singh, tailor, resident of Nai Basti. I am daughter of Ram Chet son of Bish Ram resident of Haridwar (U.P.) One year ago I was married to Vijay Kumar son of Chandan Singh, Bania, resident of Chhogwan, district Aligarh (U.P.), who serves in Krishna Paper Mill. We are living on rent in the house of Attar son of Sher Singh, tailor, resident of Nai Basti. Yesterday at about 8.30 P.M. I along with my husband was sitting at my house after seeing the Krishan Lila. At that time, Harinder Pal son of Bhup Singh tailor resident of Bahadurgarh whom I know him as we live on rent in the house of Attar, the tau of Harinder (father’s elder brother) and he visited usually, came and said that you had poured the water on the way. I escaped narrow, if I fell, my leg could have broken and started to call names. I replied that we had not poured water. He went outside the house in a fit of anger and came after a moment with a kitchen knife in his hand. He said that he would stab her with knife. Hearing this my husband rushed to rescue me. He gave a knife blow on the upper side of my right hip and ran away along with his knife. My husband chased him but he succeeded to escape. My husband carried me to the hospital in a rikshaw for treatment where the doctor treated me. Harinder Pal stabbed me without any fault within our sight. I have got recorded my statement, heard it, which is correct. Sd/- Pritma Devi” 9. It is sad to note that for the reasons known to her husband Vijay Kumar, he did not support the prosecution version and was declared as a hostile witness since he denied his presence at the place of occurrence, but at the same time, it is categorically admitted by him, in his statement that he took his injured wife in a rikshaw to Civil Hospital, where she remained under treatment and expired on 10.8.1995. The relevant portion of the Statement made by Vijay Kumar (PW-5) in this regard is reproduced as under:­ “ “……I took my injured wife in rickshaw to hospital, where she remained under treatment and expired on 10.8.1995.” It appears that Vijay Kumar (PW-5), husband of the deceased, was present at the time of occurrence and that is why, he has categorically admitted that he took her his wife to the hospital. He has no-where stated that after the occurrence had taken place, he rushed to the house from his place of working and then removed her to the hospital, but the fact remains that he has not supported the case of the prosecution. As per the case of the prosecution, occurrence took place on 6.8.1995 at 8.30 P.M. Smt. Pritma Devi succumbed to the injuries allegedly caused by the accused, on 10.8.1995 at 8.35 A.M. after a lapse of about four days. Her statement was recorded by ASI Raghbir Singh (PW-6) at 2.00 A.M. on 7.8.1995, after obtaining opinion of the doctor, Ex. PH/1, at 1.30 A.M. on the same day. The Medical Officer declared the injured fit to make a statement. This witness has categorically deposed that on 7.8.1995 he was posted as Assistant Sub Inspector in Police Station City Bahadurgarh. On receipt of ruqa, Ex. PG and Medico-legal report, Ex. PF, he went to Civil Hospital, Bahadurgarh and on police request, Ex. PH, the concerned doctor opined that injured Smt. Pritma Devi was fit to make a statement and thereafter, he recorded the statement Ex. PQ, of Smt. Pritma Devi, which was signed by her in token of its correctness, whereupon he made endorsement, Ex. PQ/1 and sent the same to the Police Station for registration of a case and thereafter, he went to the place of occurrence along with husband of Smt. Pritma Devi and prepared rough site plan Ex. PR. Vijay Kumar handed over to him Salwar and Kamij of his wife stained with blood with a corresponding cut in the jumper and the same was taken into possession vide memo Ex. PO. On the same day, he arrested the accused from his house and from his personal search, knife Ex. P-3, was recovered and was taken into possession. 10. On 10.8.1995, he received ruqa, Ex. PO. On the same day, he arrested the accused from his house and from his personal search, knife Ex. P-3, was recovered and was taken into possession. 10. On 10.8.1995, he received ruqa, Ex. PV, regarding demise of Smt. Pritma Devi from Medical College and Hospital, Rohtak, whereupon he visited the hospital and the dead body was sent for post mortem examination and the case was converted into Section 302 of the Indian Penal Code. Application, Ex. PH submitted by Station House Officer clearly spells out that the doctor appended a note on 7.8.1995 at 1.10 A.M. that patient Pritma Devi is fit to make a statement. Meaning thereby that, her statement was recorded after obtaining fitness certificate from the concerned doctor and the opinion was obtained from the same Medical Officer Dr. N.K.Mundra, who had examined Pritma Devi when she was brought to the hospital. This Medical Officer Dr. N.K.Mundra stepped into the witness box as PW-2 and disclosed before the Court that on 6.8.1995 at 11.45 P.M., he medico-legally examined Pritma Devi, aged 20 years and found the following injury on her person:­ “An incised wound of 5 cm x 1 cm querry muscle deep obliquely placed on lower part of right side of back, 6 cm lateral to midline, and wound was spindle in shape and fresh blood was deposited on it. The corresponding cut was present on the kurta of the injured/patient.” This witness has further disclosed that he had sent ruqa, Ex. PG, to the police regarding admission of the injured. Vide police request, Ex. PH, he had opined that Smt. Pritma Devi was fit to make a statement vide his opinion, Ex. PH/1. On the basis of the police request, Ex. PJ, he further opined that injury on the person of Pritma Devi could be caused with a knife recovered by the police and shown to him. All this clearly spells out that when the statement of Pritma Devi was recorded, she was in a fit condition to make a statement. Her statement is simple and straightforward and does not suffer from any embellishment or exaggeration. Her statement clearly spells out that the occurrence took place over a trifle matter. Accused came to the rented portion of the house of Attar Singh, his uncle and made a grievance as to why water had been thrown in the passage. Her statement is simple and straightforward and does not suffer from any embellishment or exaggeration. Her statement clearly spells out that the occurrence took place over a trifle matter. Accused came to the rented portion of the house of Attar Singh, his uncle and made a grievance as to why water had been thrown in the passage. The accused, in a heat of anger, went outside and came after some time armed with a kitchen knife and without any further provocation from the deceased or her husband, chose to gave a knife blow, which landed on her right hip. 11. Learned counsel for the appellant has challenged the statement, Ex. PQ, made by Pritma Devi by submitting that her statement cannot be treated as a dying declaration as is being projected by the prosecution because the same has not been recorded by a Magistrate. This contention of the learned counsel is liable to be noticed only for the sake of rejection, keeping in view the facts and circumstances of this case. When the statement of Pritma Devi was recorded, every safeguard was taken by the Investigating Agency and it could not be presumed by the Investigating Officer that she would succumb to her injury later on. Before recording her statement, opinion of the same doctor, who medico-legally examined Pritma Devi, was obtained by the Investigating Officer and then her statement was recorded and if she died later on, the same could be termed as a dying declaration and moreover, when her statement, Ex. PQ, was recorded, it was not expected from the Investigating Officer, to follow the procedure for recording dying declaration, nor it was expected from him to requisition the services of a Magistrate to record her statement. The Doctor has categorically deposed that she was fit to make a statement and the deceased was not mentally and physically in a state of confusion in any manner. Moreover, the authenticity of the statement/dying declaration has to be judged in accordance with the circumstances of each of the case depending upon many factors, which would vary with each case. Moreover, it cannot be laid down as an absolute rule of law that a dying declaration cannot form the sole basis of conviction, unless it is corroborated. Each case has to be determined on its own facts, keeping in view the circumstances in which the dying declaration was made. Moreover, it cannot be laid down as an absolute rule of law that a dying declaration cannot form the sole basis of conviction, unless it is corroborated. Each case has to be determined on its own facts, keeping in view the circumstances in which the dying declaration was made. Moreover, in the instant case, we find that the dying declaration is a truthful version as to the circumstances leading to the death and there is no dispute with regard to the identity of the assailant and the question of further corroboration in such like, circumstances does not arise. A truthful and reliable dying declaration may form the sole basis of conviction even though it is not corroborated. Moreover, the dying declaration is a statement as to the cause of his/her death or as to any of the circumstances of the transaction which resulted in his/her death. We are conscious of the fact that a dying declaration is not a deposition in the Court and it is neither made on oath nor in the presence of the accused, therefore, it is not justified by way of an exception to the general rule against admissibility of hearsay evidence on the principle of necessity and put the Court on its guard while testing its reliability. In the instant case, the circumstances were such that the Investigating Officer at that stage when statement of deceased was recorded could not follow the procedure of dying declaration but he had taken every precaution at the time of recording of her statement with regard to her fitness. We find that the deceased gave a coherent account of the circumstances leading to her injury, which he faithfully and accurately recorded and then appended his signature thereon which she did in the steady hand. In view of this, it can be safely concluded that the incident took place in the manner discussed by her in her statement Ex. PQ. We would also like to observe that a statement written or oral, made by a person, who is dead as to the cause of his or her death or as to any of the circumstances of the transaction which resulted in her death, in cases in which the cause of that person’s death comes into question, becomes admissible under Section 32 of the Evidence Act. Such a statement made by the deceased is commonly termed as a dying declaration. Such a statement made by the deceased is commonly termed as a dying declaration. There is no requirement of law that such a dying declaration must necessarily be made to a Magistrate. What evidentiary value or weight has to be attached to such statement, must necessarily depend on the facts and circumstances of each particular ease. In a proper case, it may. be permissible to convict a person only on the basis of a dying declaration in the light of the facts and circumstances of the case. In the instant case, the statement suffered by the deceased, which was termed as dying declaration has been properly approved and it is also proved on record that when she suffered statement, Ex. PQ, she was in a fit state of mind to make such a statement. The doctor’s evidence, as already discussed above, clearly indicates that when her statement was recorded, she was fit to make a statement. Moreover, a lady had no reason to make a wrong statement and she made a statement in full senses and in view of the facts and circumstances discussed above, her statement is reliable and inspires confidence. Moreover, the Investigating agency as well as the deceased had no motive to falsely implicate the appellant. Recovery of the knife from the person of the accused and the opinion of the doctor that the injured suffered by the deceased could be caused by this knife further advances the case of the prosecution towards the guilt of the accused. We are fully satisfied that the evidence on record conclusively establishes the guilt of the appellant and that he has been rightly convicted under section 302 of the Indian Penal Code and there is no reason to interfere in the findings recorded by the learned trial Court. 12. In view of what has been discussed above, the prosecution has been able to prove its case beyond reasonable doubt. Consequently, appeal filed by the appellant fails and is dismissed. Conviction and sentence recorded by Sessions Judge, Rohtak, is affirmed. ——————————————