JUDGMENT : R.P. DHOLARIA, J. 1. The present Criminal Appeal is preferred by convict accused Rakeshkumar @ Ramesh Nathuram Verma challenging the judgment and order of conviction dated 29.3.2013 passed by learned 4th (Ad hoc) Additional Sessions Judge, Ahmedabad (Rural) Ahmedabad in Sessions Case No.5 of 2011 whereby learned trial Judge has been pleased to convict the appellant-accused for the offence under section 302 of IPC and ordered him to undergo life imprisonment and to pay fine of Rs.2000/-, in default, to undergo further two months imprisonment. 2. The broad facts of the prosecution are that deceased Baby Kumari got married with the accused for about three years prior to the date of incident and they were residing in House No.59, Sayona City Road, Chanakyapuri, Ahmedabad as husband and wife. It is alleged that as the appellant accused wanted to get marry with another woman, quarrel was going on between them on the said issue and on the fateful night on 15.10.2010 at 2.30 am while she was sleeping in the room, at that time, the accused poured kerosene over her person and set her on fire, due to which, ultimately she succumbed to the injuries on 15.10.2010 at 7.40 pm and thereby the accused committed the offence under sections 498-A as well as 302 of Indian Penal Code. 3. After completion of investigation, charge-sheet came to be filed against the accused. Charge Exh.6 was framed against the accused, he pleaded no guilty and came to be tried. After completion of trial and hearing, learned 4th Additional Sessions Judge vide his judgment and order of conviction dated 29.3.2013 was pleased to convict the appellant accused for the offence under section 302 of I.P.C. and sentenced him to undergo life imprisonment and to pay fine of Rs.2000/-, in default, to undergo further two months imprisonment. 4. Mr. Rajkumar Chaumal, learned advocate for the appellant accused has taken us through the entire Record and Proceedings as well as read out material evidence on record and he has mainly submitted that since none of the panch witnesses have supported the case of the prosecution and even otherwise entire case rests upon the dying declarations which were not recorded after seeking certificate of mental and physical fitness of giver of the statement and therefore, the same are not trustworthy and reliable so as to confirm the conviction recorded thereupon. He submitted that learned trial Court has wrongfully placed reliance upon so-called three dying declarations alleged to have been recorded by the Doctor as well as police official while recording the complaint. He further submitted that if this Court is not convinced regarding his submission that dying declarations are not in accordance with law, then in that event, the benefit of remission may be extended to the accused while considering his case by the Advisory Committee for extending such benefit in accordance with law as the incident occurred on the spur of moment and that was in between the complainant and the accused. 5. On the other-hand, Mr. Rutvij Oza, learned APP has drawn attention of this Court that medical case papers are detailing minute to minute treatment as well as, as to how dying declarations came to be recorded by both the Doctors and even they testified recording of such dying declarations of Baby Kumari during the course of their examination before the trial Court and even the factum of recording such dying declarations is also getting proved during the course of their cross examination. He submitted that as regards to recording of dying declaration by the police officer in the nature of F.I.R. is also proved even during the course of examination of such F.I.R. which came to be recorded by the police officer as well as while recording such F.I.R., two Doctors were present and at the time of recording of such F.I.R., Baby Kumari, giver of the statement was mentally and physically fit to give such dying declaration. He submitted that in view of the aforesaid nature of procedure adopted by the concerned Doctors and the police official while recording such dying declarations, necessary formality of testifying as to whether Baby Kumari was in fit state of mind or not is clearly spelling out from the oral evidence and the said fact is also getting proved even in the cross examination and therefore, learned trial Court has rightly relied upon such dying declarations and recorded conviction which may not be disturbed, as such. 6. Heard Mr. Rajkumar Chaumal, learned advocate for the appellant-accused and Mr. Rutvij Oza, learned A.P.P. for the respondent-State. 7. This Court has perused the evidence of the material witnesses as well as taken into consideration the rival submissions made by learned advocates for the parties. 8. PW 8– Dr. 6. Heard Mr. Rajkumar Chaumal, learned advocate for the appellant-accused and Mr. Rutvij Oza, learned A.P.P. for the respondent-State. 7. This Court has perused the evidence of the material witnesses as well as taken into consideration the rival submissions made by learned advocates for the parties. 8. PW 8– Dr. Manish Jayantilal Gandhi has been examined at Exh.20. The witness has deposed that he was serving as Medical Officer, Civil Hospital, Ahmedabad who in the panel of other Doctor carried out autopsy over the dead body of Baby Kumari on 15.10.2010 at 9.35 am. The witness has deposed that there was 95% burnt injuries of second and third degree and the cause of death is shock due to burn over entire body. According to his opinion, death was homicidal in nature. Nothing worth has come out from his cross-examination. 9. PW 9– Dr. Rahulbhai Rajkumar Goyal has been examined at Exh.25. The witness has deposed that he was Resident Doctor in Burns and Plastic Division, Civil Hospital, Ahmedabad. On 15.10.2010, in his ward Baby Kumari was brought for treatment. Along with him, Dr. Gandhi was also there. Dr. Gandhi asked history to Baby Kumari regarding injuries sustained by her which came to be recorded in handwriting of PW 9. While he examined the person of Baby Kumari, he found 95% burnt injuries over her body which was in the nature of second and third degree which was in the nature of homicidal. The history was also recorded by Dr. Natwar as has been given by the patient herself to the effect that her husband-Rakesh-appellant herein poured kerosene over her person while she was sleeping and set her on fire as he wanted to marry second time with another woman, due to which, she got burnt. He further deposed that while Baby Kumari was under his treatment, at that time, police official of Sola Police Station recorded the complaint in his presence which is at Exh.27. In light thereof, he also signed over the such complaint at Exh.27 which he identified to the effect that as Baby Kumari was not in a position to sign and therefore, he signed. In the cross examination undertaken by the accused, the witness has admitted that while Baby Kumari was brought before him, no previous treatment was carried out over the person of the deceased. In the cross examination undertaken by the accused, the witness has admitted that while Baby Kumari was brought before him, no previous treatment was carried out over the person of the deceased. He also admitted that while the deceased was brought, she was accompanied by her husband. He also admitted that in the treatment case-papers, the history recorded by Dr. Natwar was recorded as stated by the patient herself and the same bears the signature of Dr. Natwar and such history was recorded in his presence as stated by the deceased. The witness has admitted that Baby Kumari was treated by him as well as Dr. Natwar and the case papers bear the signatures of him as well as of Dr. Natwar both. He also admitted that as the deceased was seriously injured, she was kept on oxygen but while recording the complaint, oxygen was removed. 10. PW 10-Jitubhai Mohanbhai Vasava has been examined at Exh.30. The witness has deposed that he was serving as Police Sub Inspector in Sola High Court Police Station. He received vardhi from the hospital, due to which, he visited the injured along with vardhi in burns ward. At that time, treatment of the injured was going on and he obtained written yadi as to whether she was conscious and able to give any dying declaration or not and after obtaining such yadi, he recorded the complaint at Exh.27 wherein the deceased in unequivocal terms had stated that during nocturnal hours, while she was sleeping in the room, her husband poured kerosene over her person and set her on fire as he wanted to marry with another woman, due to which, she sustained burnt injuries over her person which was stated by her in Hindi language. He deposed that while he recorded the complaint at Exh.27, the same was recorded in the presence of the treating Doctor and he also obtained the signature of treating Doctor over the complaint at Exh.27. He further deposed that he also sent yadi for recording dying declaration to the Executive Magistrate but before the Executive Magistrate arrive, Baby Kumari expired. He further deposed that regarding mental and physical fitness of Baby Kumari, he obtained yadi from the treating Doctor which bears the signature of treating Doctor and the time mentioned was from 6.30 am on 15.10.2010 which came to be produced at Exh.32. He further deposed that regarding mental and physical fitness of Baby Kumari, he obtained yadi from the treating Doctor which bears the signature of treating Doctor and the time mentioned was from 6.30 am on 15.10.2010 which came to be produced at Exh.32. Thereafter, the witness carried out inquest panchnama and thereafter rest of the investigation was carried out by Shri K.D. Bhatt. In his cross examination, the witness has admitted that he left the police station for about 5.30 am on 15.10.2010. While he reached the hospital, he met Dr. Rahul Gohel and located the patient in the burns ward. Baby Kumari was under the treatment and he stayed for about 15 to 20 minutes. Prior to recording the F.I.R., he inquired from the Doctor as well as Baby Kumari as to whether she was in fit state of mind to give the complaint or not. At that time, the patient as well as Doctor both testified the fitness. He admitted that though the patient was in fit state of mind, but such things were not written in the complaint. 11. PW 11-Dr. Jayant Nagardas Solanki has been examined at Exh.35. The witness has deposed that on 15.10.2010 he was in Emergency Ward and was serving as Medical Officer, Civil Hospital, Ahmedabad. At about 4:11 am one Baby Kumari Varma was brought by her husband Rakesh. Upon her examination, she had burnt injuries over her person. So, he asked her regarding history of injuries. At that time, she stated that her husband wanted to bring second wife and her husband poured kerosene over her person while she was sleeping in the room after locking the said room and set her on fire Such history, he recorded in his own handwriting which came to be produced at Exh.36. In the cross examination, the witness has admitted that Baby Kumari gave history to him in the first point in time. 12. PW 12–Dr. Maheshbhai Motigiri Goswami has been examined at Exh.38. The witness had deposed that he was serving as Medical Officer in the Civil Hospital, Sola. He examined the accused respondent at about 5.00 pm as the police produced before him. Upon examination, the accused was found conscious and co-operative. Superficial second degree burnt injury was found on both the palms as well as fit and he was discharged on the same day. 13. He examined the accused respondent at about 5.00 pm as the police produced before him. Upon examination, the accused was found conscious and co-operative. Superficial second degree burnt injury was found on both the palms as well as fit and he was discharged on the same day. 13. PW 16–K.D. Bhatt has been examined at Exh.50. The witness has deposed that he was serving as Senior Police Inspector at Sola Police Station. He carried out the investigation and various panchnamas as well as obtained necessary treatment case papers of deceased Baby Kumari as well as the accused and after obtaining the report from the Forensic Science Laboratory, he filed the charge-sheet. He fully supported the case of the prosecution. In his cross examination, nothing worth has come out. 14. Over and above the aforesaid oral evidence, documentary evidence first in point of time dying declaration given before P.W. 11 which is at Exh.36 which clearly mentions that the respondent-accused wanted to marry with another woman, due to which, while Baby Kumari was sleeping in the room, the respondent-accused poured kerosene over her person and set her on fire Second dying declaration is before the treating Doctor PW 9 at Exh.26 at page 191 which came to be recorded during the course of examination of Baby Kumari wherein it is clearly mentioned that the history is taken by Dr.Natwar in the presence of PW 9. The history was given by Baby Kumari herself that at about 2:30 am on 15.10.2010 her husband Rakesh poured kerosene over her person while she was sleeping and burnt her. She further stated that her husband did so because he wanted to remarry. The third dying declaration is in the nature of complaint at Exh.27–page 205 which came to be recorded by P.W. 10–Police Sub Inspector wherein also it is clearly mentioned that on 15.10.2010 at about 2:30 am while Baby Kumari was sleeping in the room, at that time, her husband poured kerosene over her person and set her on fire as he wanted to marry with another woman, due to which, she got burnt injuries. 15. On overall evaluation of the aforesaid evidence on record, it is noticed that learned trial Court has put total reliance on the aforesaid three dying declarations and found that dying declarations are trustworthy, reliable and consistent with one another. 15. On overall evaluation of the aforesaid evidence on record, it is noticed that learned trial Court has put total reliance on the aforesaid three dying declarations and found that dying declarations are trustworthy, reliable and consistent with one another. We have also gone through the aforesaid three dying declaration and in our evaluation of the aforesaid three dying declarations, we noticed that in light of the evidence of the police officer– PW 10 who recorded the complaint in the presence of the treating Doctor and as stated above, before recording such dying declaration, he got verified the mental and physical condition of Baby Kumari and he stated so and testified before the learned trial Court while making his deposition as such. Not only that but during the course of cross examination undertaken by learned advocate for the appellant accused, even the factum of recording such dying declaration, after verifying mental and physical fitness condition of Baby Kumari is also got established. It can be seen that such dying declarations are also bearing signature of the Doctors concerned. Even, the fact regarding mental and physical condition of Baby Kumari is also forthcoming on record from the medical case papers and yadi sent to the Executive Magistrate which is at Exh.32. 16. We have gone through the aforesaid documentary evidence on record. In our appreciation of such evidence on record in light of the oral depositions on record, we are fully satisfied that the aforesaid three dying declarations came to be recorded after satisfying that Baby Kumari was in fit state of mind to give such dying declarations. Even otherwise, all the three dying declarations are consistent with one another though the same were recorded by three independent agencies concerned. In view of the aforesaid nature of evidence, learned trial Court has rightly believed such multiple dying declarations on record and has rightly recorded the guilt on the part of the appellant accused which calls for no interference. 17. Even otherwise also, on going through the evidence on record, corroborative piece of evidence in the nature of F.S.L. report clearly indicates the presence of petroleum hydro carbon which was in conformity with the sample drawn from various places as well as tin of kerosene. 18. 17. Even otherwise also, on going through the evidence on record, corroborative piece of evidence in the nature of F.S.L. report clearly indicates the presence of petroleum hydro carbon which was in conformity with the sample drawn from various places as well as tin of kerosene. 18. We have also evaluated the defence raised by the accused that the deceased locked the house from inside and poured kerosene by herself over her person and committed suicide and the accused is not at all involved in the offence as such. On that point, F.S.L. report at Exh.56 clearly indicates clothes of the accused, pant and shirt, Mark C and C-1 were also sent for chemical analysis to the F.S.L. wherein also the presence of petroleum hydro carbon was found and that itself falsifies the defence theory. 19. On overall evaluation of the evidence on record, this Court is of the considered opinion that learned trial court was completely justified in convicting the respondent accused of the charges leveled against him. This Court finds that the findings recorded by learned trial court are absolutely just and proper and in recording the said findings, no illegality or infirmity has been committed by it. This Court is, therefore, in complete agreement with the findings, ultimate conclusion and the resultant order of conviction recorded by learned court below and hence finds no reasons to interfere with the same. 20. In the result, this appeal fails and accordingly, it is dismissed. Bail bond, if any, stands cancelled. R & P be sent back to the trial Court, forthwith. However, we direct that while taking up the case of the appellant accused for granting any remission, his case may be considered in accordance with law for granting remission. Appeal dismissed.