JUDGMENT : B.R. Gavai, J. Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Mangrulpir dated 26.11.2013 in Sessions Trial No. 106/13, thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer R.I. for life and to pay a fine of Rs.1000/- and in default to undergo simple imprisonment for three months, the appellant has approached this Court. 2. The prosecution case, in brief, as could be gathered from the material placed on record is as under :- The deceased Asha was married to Sanjay Dongardive DW-1 about 6 to 7 years prior to the incident. Initially they were residing in the joint family along with the elder brother-in-law and mother-in-law. However, the deceased and Sanjay started residing separately after sometime. They were blessed with one girl child, who unfortunately did not survive. Thereafter, they were again blessed with one child who was about 1½ years old at the time of the incident. It is the prosecution case that her mother-in-law Panchfulabai accused no.4, cousin father-in-law Ajabrao accused no. 3, cousin mother-in-law Chandrakalabai accused no.2 and the present appellant Santosh – accused no.1 used to ill-treat and harass her on trivial issue and blaming her that she used to steal cow-dungcakes. 3. It is the prosecution case that on 9.10.2010 at around 6 p.m. accused no.1 Santosh came and picked up a quarrel with the deceased. At that time, she was in the courtyard of her house. After the quarrel, she proceeded to her room. Santosh followed her. He picked up a kerosene can, poured kerosene on her person and set her ablaze by igniting match-stick and fled away. She raised an alarm. She had sustained severe burn injuries, i.e. 61%. On hearing the noise, her husband came there and extinguished the fire by pouring water. At that time, accused Ajabrao, Chandrakalabai and Panchfulabai were in their house. Her husband and one Rahul Wankhede DW.2 took her to a hospital in auto-rickshaw to Kamargaon. Thereafter, she was referred to Civil Hospital, Amravati. 4. When she was brought to the hospital at Amravati, Head Constable Harishchandra Dongare PW.4 was on duty at Civil Hospital. After receipt of the information, he went to the ward concerned, disclosed his purpose of visit and handed over requisitionmemo Exh. 64. Thereafter, she was referred to Civil Hospital, Amravati. 4. When she was brought to the hospital at Amravati, Head Constable Harishchandra Dongare PW.4 was on duty at Civil Hospital. After receipt of the information, he went to the ward concerned, disclosed his purpose of visit and handed over requisitionmemo Exh. 64. The concerned Doctor took him to patient Asha, examined her and opined that she was in a fit state of mind to give statement. As such, PW.4 Harishchandra recorded her statement below Exh. 64. Similarly, PW.3 Mr. Prabhakar Shewane – Executive Magistrate also recorded her statement below Exh. 58. In the meantime, an information was received in the Police Station Karanja. As such, entry was taken in the station-diary by PW.6 Suresh Kangde. He went to village and executed the spot panchnama below Exh. 20. On 14.10.2010 he received the case diary of Crime No. 135/10 along with his zero crime diary and the two dying declarations from the Police Station Rajapeth, Amravati district along with letter requesting to register the offence. PW.6 Suresh went to Amravati and in Ward No.4 of the Civil Hospital met the concerned Doctor. A letter requesting the Doctor to examine the deceased was given by him. The doctor examined her and gave his endorsement. Thereafter she recorded her statement below Exh. 88. Again after recording the statement, he requested the doctor to examine her to verify regarding consciousness while recording the statement. The Doctor examined her and gave the endorsement. In the night of 14.10.2010 Asha succumbed to the injuries. On the basis of the crime which was registered, the accused no.1 came to be arrested on 14.10.2010 vide Exh. 23. The rest of the accused were arrested on 4.1.2011. 5. At the conclusion of investigation, a charge-sheet came to be filed against the accused in the Court of learned J.M.F.C., Karanja. Since the case was exclusively triable by the Sessions Judge, the same came to be committed to the Sessions Court, Mangrulpir. The learned trial Judge framed the Charges below Exh. 13 for the offence punishable under Section 302 of the Indian Penal Code against the accused no.1 and for the offence punishable under Section 498-A of the Indian Penal Code against rest of the accused. They pleaded “not guilty” and claimed to be tried. The learned trial Judge framed the Charges below Exh. 13 for the offence punishable under Section 302 of the Indian Penal Code against the accused no.1 and for the offence punishable under Section 498-A of the Indian Penal Code against rest of the accused. They pleaded “not guilty” and claimed to be tried. At the conclusion of the trial, the learned trial Judge passed an order of conviction and sentence as aforesaid against the accused no.1. The rest of the accused were acquitted of the charges charged with. Being aggrieved thereby, the present appeal has been filed. 6. Mr. Ansingh Girdekar, the learned Counsel for the appellant, submits that the learned trail Judge has grossly erred in convicting the appellant. It is submitted that there are multiple dying declarations and there is a contradiction in various dying declarations. It is further submitted that the dying declarations are not free from doubt, inasmuch as perusal of the dying declarations and the evidence of the witnesses while recording the same would reveal that the deceased was not in a fit state of mind to make the statement. It is further submitted that the learned trial Judge has utterly failed to take into consideration the evidence of the defence witnesses, which fully establish that the accused was not concerned with the crime in question. The learned Counsel, therefore, submits that the order of conviction and sentence is not sustainable in law and the order of conviction and sentence needs to be set aside and the accused acquitted of the charges charged with. 7. As against this, Shri N.B. Jawade, the learned Additional Public Prosecutor for the respondent/State, submits that the dying declaration unclinchingly implicates the present appellant. He submits that the perusal of the dying declarations would reveal that they are such which are truthful and as such, the conviction awarded on the basis of the said dying declarations warrants no interference. 8. With the assistance of the learned A.P.P. as well as the learned Counsel for the appellant, we have scrutinised the entire evidence on record. 9. By now, it is a settled principle of law that a conviction can be based solely on the basis of the dying declaration. The only requirement is that such a dying declaration should be found to be trustworthy, reliable, cogent and the one which inspires the confidence in the mind of the Court. 9. By now, it is a settled principle of law that a conviction can be based solely on the basis of the dying declaration. The only requirement is that such a dying declaration should be found to be trustworthy, reliable, cogent and the one which inspires the confidence in the mind of the Court. In the present case, there are three dying declarations. The first one is recorded by PW.4 Harishchandra Dongare below Exh. 65, the second one is recorded by the Executive Magistrate PW.3 Prabhakar Shewane below Exh. 58 and the third one is recorded by the Investigating Officer PW.6 Suresh Kangde below Exh. 88. 10. The evidence of PW.4 Harishchandra is below Exh. 63. He states that after the receipt of information, he met the concerned doctor and disclosed the purpose to record the statement. He states that the doctor examined the patient in his presence and concluded that she was in a fit state of mind to give statement. She gave the statement below Exh. 64. He further states that he recorded the statement wherein the deceased stated that in the night of 9.10.2010 when she was in house her elder brother-in-law Santosh came in house, abused her and he brought a kerosene can, poured kerosene on her person and lit her with the match-stick and fled away. He further stated that he wrote her statement and read over the same to her and she admitted the same to be true and correct. He further stated that he had obtained the left toe impression of Asha on the said declaration. He further states that the doctor put up his signature at Exh. 65 to the effect that her statement was correct. 11. The second dying declaration is recorded by PW.3 Prabhakar Shewane. His evidence is below Exh. 55. He also states that after receipt of the information, he went to the hospital, asked the doctor to get examined the patient in order to know that the patient was in an oriented state. He handed over the printed form to the doctor. Doctor examined the patient and declared that the patient was in a state to give statement. The Doctor also gave his remarks below Exh. 57. He states that thereafter he asked the relatives of the patient to go outside the ward. He handed over the printed form to the doctor. Doctor examined the patient and declared that the patient was in a state to give statement. The Doctor also gave his remarks below Exh. 57. He states that thereafter he asked the relatives of the patient to go outside the ward. He further states that he put certain questions to her in order to verify her state of mind. A similar version as has been given to PW.4 Harishchandra has been given to this witness also by the deceased. He states that he had read over the contents of the said statement to the patient, who admitted the same to be correct. He further states that after recording the statement, he called the doctor and requested him to examine the patient in order to know her state. Accordingly, the doctor examined the patient and declared that she was in an oriented state and made his endorsement at Exh. 58. No doubt that there is no endorsement in the dying declaration that the same was read over to the deceased and she has admitted the contents to be true. As such, the conviction solely on the basis of the said dying declaration would not be sustainable. 12. The third dying declaration is recorded by PW.6 Suresh Kangde. He states that on receipt of the information on 13.10.2010 from Washim, he took the entry in the station diary and went to village Bambarda for the purpose of investigation. He had also executed spot panchnama below Exh. 20. He states that on 14.10.2010 he had gone to Amravati hospital. He went to Ward No.4 and met concerned doctor. The doctor took him near the bed of Asha. Vide letter below Exh. 71, he requested the doctor to examine the patient, so as to verify her state of mind. Doctor examined her and declared that she was in fit state of mind to give statement and he gave such endorsement below Exh. 71. Thereafter, he introduced himself to Asha and disclosed that he wanted to record her statement. He states that in the statement she stated that she resides along with her husband and small kid. Adjacent to her house, the houses of her mother-in-law, brother-in-law, cousin father-in-law are there. They used to give sarcasm to her on trivial matters and used to ill-treat her. He states that in the statement she stated that she resides along with her husband and small kid. Adjacent to her house, the houses of her mother-in-law, brother-in-law, cousin father-in-law are there. They used to give sarcasm to her on trivial matters and used to ill-treat her. On 9.10.2010 in the evening at around 6 p.m. after cooking, when she was standing in front of water-drum, the brother of her husband, namely, Santosh came there and raised dispute regarding theft of sticks. Thereafter, she went inside her house. He followed her in the house and poured kerosene from a can on her person and set her on fire with the help of match stick and fled away. When she made uproar, her husband came there and doused the fire by pouring water on her person. Her husband came there and doused the fire by pouring water on her person. Her husband with the help of villagers took her to hospital at Kamargaon in auto. Thereafter, she was referred to Amravati hospital and admitted there. He further states that he recorded her statement and read over its contents and she admitted the same to be correct and then obtained her toe impression on it as her both palms were burnt. The said dying declaration is exhibited as Exh. 88. He further states that he again requested the doctor to examine her to know her consciousness while recording statement. Accordingly, the doctor examined and gave his endorsement that she was in a fit state of mind to give statement. The said endorsement is at Exh. 72. This witness has been thoroughly cross-examined. In spite of thorough cross-examination, nothing damaging has come in his evidence. 13. The evidence of PW.6 Suresh is duly corroborated by the evidence of PW.5 Dr. Yogesh Sawadekar, which is below Exh. 70. He has clearly stated in his evidence that on 14.10.2010, a letter was addressed to him by P.S.I. Karanja. He further states that since the statement of deceased Asha was recorded by police, he went near the bed of Asha. He verified the physical and mental condition of Asha and concluded that she was in a condition to give statement. He gave endorsement on that letter which is at Exh. 71. He further states that the concerned police recorded the statement of deceased Asha. He verified the physical and mental condition of Asha and concluded that she was in a condition to give statement. He gave endorsement on that letter which is at Exh. 71. He further states that the concerned police recorded the statement of deceased Asha. Thereafter he again examined the condition of Asha and found that she was well oriented while giving statement. He gave his endorsement in that regard which is exhibited at Exh. 72. He has been thoroughly cross-examined. Though suggestions are given by the defence that the deceased was not conscious, his testimony has remained un-shattered. To a question as to whether the patient would go in unconscious state in case of injection of Wymesone medicine, though he has answered “to some extent”, he has clarified that there is “less possibility”. 14. We find that the dying declaration below Exh. 88 is the one which would inspire the confidence in the mind of the Court. PW.6 Suresh who has recorded the dying declaration has clearly stated that he had put certain preliminary questions to verify regarding the fitness of the deceased to make the statement. At the end of the dying declaration, there is a specific endorsement that the dying declaration was recorded as per her version which was read over to her and she acknowledges the same to be true. Not only that, PW.5 Yogesh Sawadekar has specifically stated that prior to recording the dying declaration and after recording the same, he had verified the fitness of the deceased to make the statement and after verifying the same, he has given endorsement below Exhs. 71 & 72. We find that the said dying declaration is cogent, truthful, reliable and the one which inspires the confidence in the mind of the Court. Apart from that, this dying declaration is duly corroborated in the material aspects by the two dying declarations below Exhs. 65 & 58. 15. In so far as the contention regarding the defence witness is concerned, no doubt that DW.1 Sanjay, the brother of the appellant and the husband of the deceased and DW.2 Rahul Wankhede have supported the defence version. However, the accused no.1 is the brother of the appellant and the DW. 2 is his friend. As such, the possibility of these witnesses not speaking the truth to save the appellant cannot be ruled out. However, the accused no.1 is the brother of the appellant and the DW. 2 is his friend. As such, the possibility of these witnesses not speaking the truth to save the appellant cannot be ruled out. In any case, the learned trial Judge has found that the defence of the appellant was of alibi. However, he had not examined any witness in support of his defence of alibi. 16. In that view of the matter, we do not find that the order of conviction and sentence as recorded by the learned trial Judge warrants any interference. The appeal is without merit and as such, is dismissed. Appeal dismissed.