JUDGMENT : MANOJ KUMAR GARG, J. 1. This is a jail appeal preferred by the accused against the judgment dated 21.12.1988 passed by learned Sessions Judge, Churu in Sessions Case No. 70/1987 whereby the learned trial Court convicted the appellant Lal Chand for offence under Section 302 IPC and Section 498A IPC and sentenced him as under :- 1. under section 302 IPC - Life Imprisonment with a fine of Rs. 1,00/-, in default of payment of fine, to further undergo one month rigorous imprisonment. 2. under section 498A IPC- One year Rigorous Imprisonment with a fine of Rs. 50/-, in default of payment of fine, to further undergo 15 days rigorous imprisonment. 2. As per brief facts of the case, on 13.05.1987, a communication was received from the Medical Jurist of Ratangarh hospital to the effect that one Basanti Devi W/o Lalchand, r/o Ratangarh was admitted in hospital in severe burnt condition. Upon receiving such information, the ASI Prithvi Singh went to the hospital and recorded the statement of Basanti Devi. In the statement, Basanti Devi stated that her marriage was solemnized with Lalchand about two and half months back. Her husband had brought her from her parents house after a period of 16 days. The day before occurrence, at around 10 AM in the morning, after cooking food she went to sleep. At that time, her elder brother-in-law (Kanhaiya lal) and younger brother-in-law Raju were present in house. It was stated at around 12 in the afternoon, her husband came from his shop and asked her as to why she is sleeping, upon which, she replied that she is feeling well. The appellant husband bolted the door from inside and assaulted her with fists and blows. Upon raising hue and cry, women from neighbourhood came to her rescue but the appellant threatening to kill went back to his shop. It is further stated that around 4 O'clock, appellant came back with kerosene in a can and poured kerosene upon her and lit fire. She came out from the house raising hue and cry upon which a person put a blanket on her and took her inside the house. The appellant husband went back to his shop. On the next day, the uncle and parents of Basanti Devi took her to Ratangarh hospital. 3. She came out from the house raising hue and cry upon which a person put a blanket on her and took her inside the house. The appellant husband went back to his shop. On the next day, the uncle and parents of Basanti Devi took her to Ratangarh hospital. 3. On the basis of said complaint, the Police registered FIR against the accused-appellant for offences under Sections 307 IPC and investigation commenced. Smt. Basanti expired on 25.05.1987 then police added the offence under Section 302 & 498A IPC. After thorough investigation, the police filed a challan against the appellant under Section 302, 498A IPC before the court of Additional Chief Judicial Magistrate, Ratangarh. Later on the case was transferred to the court of District and Sessions Judge, Churu. 4. After hearing the arguments and considering the material on record, the learned trial court framed charges against accused-appellant for the aforesaid offences, who pleaded guilty and claimed trial. 5. During trial, the prosecution examined nine witnesses and produced various documentary evidence in support of its case. Thereafter the statement of the accused-appellant was recorded under section 313 Cr.P.C , 1973in which he stated he never assaulted his wife and at the time of incident he was at his shop and when he came back, the uncle of Basanti Devi had already taken her to Sardarshahar. In defence, two witnesses DW/1 Nagarmal and DW/2 Shiv lal were examined. 6. On the basis of evidence on record, the learned trial court convicted and sentenced the accused appellant as aforesaid. 7. Counsel for the appellant argued that there are material contradictions in the dying declarations of deceased Basanti Devi which cannot be relied upon convicting the appellant for offence under Section 302 IPC. It is also argued that the prosecution has examined the so called eye-witnesses Nagarmal and Shivlal but they have been examined as defence witnesses DW/1 and DW/2 respectively. It is argued that the eye witness Laxmi Narayan PW/7 was declared hostile and he has supported the prosecution story. Thus, the story of prosecution is concocted and the prosecution has failed to prove its case beyond reasonable doubt. It is further argued that there is no evidence of maltreatment or harassment on the part of the appellant husband prior to the incident, therefore, there was no intention on the part of the appellant to kill the deceased. Thus, the story of prosecution is concocted and the prosecution has failed to prove its case beyond reasonable doubt. It is further argued that there is no evidence of maltreatment or harassment on the part of the appellant husband prior to the incident, therefore, there was no intention on the part of the appellant to kill the deceased. Thus, the learned trial court has erred in convicting and sentencing the appellant for offence under Section 302 and 498A IPC. 8. Per contra, learned Public Prosecutor has fully supported the judgment passed by the learned trial Court. He submitted that the learned trial Court has thoroughly considered the evidence on record and it is with cogent reasons that he has come to the conclusion about the truthfulness of the dying declaration of deceased and also the other evidence on record produced by the prosecution. It has also been submitted that the deceased was in a perfect state of mind at the time of recording of the Purchabayan (Ex.P/11) by the police on 13.05.1987. This fact has been endorsed by the medical jurist who was present at that time. Moreover, the dying declaration (Ex.P/4) was recorded by the learned Magistrate with full satisfaction about the condition of the deceased, after obtaining the opinion from the medical jurist with regard to fitness of Smt. Basanti Devi to give the statement. Therefore, he submitted that there is no reason whatsoever to rely upon the dying declaration given by the deceased wherein she has specifically alleged against the accused appellant for having burnt her, which resulted in her death. It has been thus submitted that the learned trial Court was justified in passing the impugned judgment and the same is in accordance to law which does warrant any interference by this Court. In support of his contention, the learned Public Prosecutor has placed reliance on judgment in the case of Gulzari lal v. State of Haryana reported in 2016 Cri.L.J 1349. 9. We have considered the submissions on behalf of parties and carefully scanned the material on record, exhibits and the deposition of witnesses. 10. In the present case, the criminal proceedings were set into motion upon statement (Exhibit P/11) made by the deceased Basanti Devi which was recorded on 13.05.1987 at about 09:45 A.M by ASI, Prithvi Raj (P.W/9). 11. 9. We have considered the submissions on behalf of parties and carefully scanned the material on record, exhibits and the deposition of witnesses. 10. In the present case, the criminal proceedings were set into motion upon statement (Exhibit P/11) made by the deceased Basanti Devi which was recorded on 13.05.1987 at about 09:45 A.M by ASI, Prithvi Raj (P.W/9). 11. Smt. Basanti Devi was married with the appellant Lalchand, two and half months before her death. The occurrence in the present case had taken place on 12.05.1987. Subsequently, another dying declaration of the deceased (Exhibit P/4) was recorded by the Munsiff and Judicial Magistrate, First Class, Ratangarh. 12. 11. Smt. Basanti Devi was married with the appellant Lalchand, two and half months before her death. The occurrence in the present case had taken place on 12.05.1987. Subsequently, another dying declaration of the deceased (Exhibit P/4) was recorded by the Munsiff and Judicial Magistrate, First Class, Ratangarh. 12. The statement (Exhibit P/11) made by deceased wife of the appellant before Prithvi Raj, ASI reads as under :- clUrh nsoh iRuh ykypan tkfr frokM+h mez 18 lky fuoklh vka[kksa ds vLirky ds ikl jrux<+ us c;ku fd;k fd esjh 'kknh vkt ls 2-5 ekg igys Qqdfj;k nqt dks ykypan iq= fd'kuyky frokM+h jrux<+ ds lkFk gqbZ FkhA esjk ifr ykypan eq>s vkt ls 16 fnu igys esjs ihgj ls jrux<+ yk;kA dUgh;kyky esjk tsB] jktq nsoj] eksguh uun o fd'kuyky esjk llqj lkFk jgrs gSA dy 10 cts fnu eSaus [kkuk cuk;k vkSj dejs esa lks x;hA esjk tsB dUgh;kyky C;kg esa x;k gqvk Fkk vkSj nsoj jktw ckgj x;k gqvk FkkA esjk ?kjokyk ykypan 12 cts nqdku ls vk;k vkSj dgk fd jkaM+ lksbZ gqbZ dSls gS eSus dgk esjh lj/kk ugha gS blfy, lks x;hA ykypan us dejs dk vUnj ls dqUVk cUn fd;k vkSj ,d djeM+h dh exjks esa ekjh vkSj ykrks dh ekjh eSaus jksyk fd;k rks vkSjrs ikl dh vk x;h rks mudks dgk fd jkaM+ dks tku ls ekj:axk dqUVk ugha [kksyqaxkA vk/ks ?kaVs ckn ihVdj ykypan us dqUVk [kksy fn;k vkSj nqdku pyk x;kA 4 cts esjk ifr vk;k vkSj eSa dejs esa Fkh ,d jcM+ dh uhyh dsryh esa dsjksflu rsy ykdj esjs flj ij M+ky fn;k eSa fudydj ckgj Hkkxh ekfpl ls fryk tykdj flj esa vkx yxk nhA vkx tc yxh /kkrho dCtk tyus yxk eSa ckgj fudydj ck[ky esa vk x;hA ,d vkneh ekfy;ksa dk vk x;kA esjs ij dEcy M+ky fn;k vkSj /kwM+ M+ky nhA esjh dkdjs lklq ogka ls esjs dks dejs esa lqyk fn;kA fnu fNis vk x;k vkSj jkr dks dejs esa jghA ykypan dgrk fd jkaM+ ,slh gSA fVdrh ugh blds ckn esjs flj ij dsjksflu rsy M+kydj eq>s tyk fn;k esjk ekek y{ehukjk;.k Hkh vk x;kA vkSj vkt esjk firk vkSj eka vk x;hA tks eq>s vLirky esa ysdj vk;s vkSj HkrhZ djok fn;kA Thereafter, the Investigating Officer made request to Munsiff and Judicial Magistrate to record the statement of the deceased by way of filing application dated 13.05.1987. The Munsiff and Judicial Magistrate, First Class Ratangarh recorded the statement (Exhibit P/4) on 13.05.1987 at 10:05 AM, which has been termed as a subsequent dying declaration. In this statement also, the deceased Smt. Basanti Devi has specifically stated that she was put to fire by her husband Lalchand after he had poured Kerosene oil upon her. The Munsiff and Judicial Magistrate, First Class Ratangarh recorded the statement (Exhibit P/4) on 13.05.1987 at 10:05 AM, which has been termed as a subsequent dying declaration. In this statement also, the deceased Smt. Basanti Devi has specifically stated that she was put to fire by her husband Lalchand after he had poured Kerosene oil upon her. The statement recorded by the Munsiff Magistrate (Ex.P/4) reads as under :- clUrh nsoh iRuh ykypan tkfr frokM+h mez 18 lky] vka[kksa ds gLirky ds ikl jrux<+ esjk ihgj ljnkj 'kgj gSA esjs firk dk uke Hkaojyky gSA ykypan ls 'kknh gq, djhc 2 1@2 ekg gks x,A Qqdfj;k nwt dks esjh 'kknh gq;h FkhA 16 fnu igys esjs dks ihgj ls ykypan ysdj vk;kA chp ds nks eghus eSa llqjky gh T;knk jghA vkus ls igys 20 fnu eSa esjs ihgj jghA esjh lkl ftUnk ugha gSA llqj fd'kuyky gh esjs ?kjokyk x<+ ds ikl pk; dh nqdku djrk gSA eSa] esjk ifr o esjh NksVh uun ?kj ij jgrs gSA llqj Hkh gekjs lkFk jgrk gSA esjk tsB dUgS;kyky] Hkh gekjs lkFk jgrk gSA tsBkuh ihgj x;h gq;h FkhA esjk nsoj jktw Hkh lkFk jgrk gSA dy 10 cts djhc esjs ?kj okyk nqdku ls vk;kA rc rd eSaus [kkuk cuk fy;k FkkA esjk tsB C;kg esa estklj x;k FkkA nsoj Hkh mlds lkFk x;k FkkA llqj Hkh feBkbZ cukus x;k FkkA esjh NksVh uun ?kj ij FkhA mUgksaus vkus ds ckn esjh uun dks ckgj Hkst fn;kA os vk, rc eSa lks jgh FkhA mlus vkus ij dgk fd lks D;ksa jgh gS] dke ugha djrhA eSaus dgk fd eSa ckn esa dj ywaxhA dke [kRe gks x;k Fkk blfy, eSa lks x;h FkhA mlus dgk fd vkt esa rq>s lq/kk:xkA mlus dejk vUnj ls cUn dj fy;kA mlus dejk can djds esjs dkeM+h ds rhu pkj ekjh vkSj ykrs ekjhA eSaus jksyk fd;kA eksgYys dh vkSjrksa us vkdj NqM+k;kA vkSjrsa vk;h rc mlus dq.M+k ugha [kksyk ijUrq eSaus tcjnLrh [kksy fn;kA vkSjrs 3&4 vk;h FkhA muds uke eSa ugh tkurhA mlds ckn esjs ?kj okyk nqdku ij pyk x;kA eSa ?kj ij vdsyh gh jghA uun esjh 10 lky dh gS tks 'kke rd ckgj gh [ksyrh jghA 'kke ds 4 cts esjs ?kjokyk okfil ?kj ij vk;kA og vkdj lks x;k vkSj dgk fd eS dy ckjkr esa tkmxkA esjs dks dgk fd diM+s /kks nsukA djhc 5 cts og mBkA esjs ls iwNk fd rqe ekfy;ksa dh 'kknh esa tkvksxh D;kA eSaus dgk esjh rch;r Bhd ugha gSA mUgkssus dgk fd tkuk iM+sxk rks eSaus dgk pyh tkmaxhA ,d jcM+h dh dsryh esa dsjkslhu rsy jlksbZ ls mBkdj yk;kA dsjkslhu rsy esjs flj ij M+kykA ml le; eSa dejsa es FkhA mlus dejs esa vkdj vUnj dk dq.Vk yxk fn;kA rsy M+kyk rc eSaus jksyk ugha fd;k D;ksafd eSaus lkspk ekjsxk rks ekjus nsA fQj mlus esjs rhyh ls vkx yxk nhA esjs diM+s ds vkx yx x;hA blds ckn eSa vUnj dk dq.Vk [kksydj ckgj HkkxhA ?kj dh ck[ky esa vk x;hA ogka ij dbZ yksx vk x,A esjs ij dEcy M+kydj esjh vkx cq>k;hA tks yksx vk, mudk uke eSa ugh tkurhA dEcy ftlus M+kyk mldk uke eSa ugh tkurhA eq>s ckn esa dejs esa ysVk fn;kA ckn esa esjs ekek y{ehukjk;.k vk;kA esjk ufugky ;gh ij gSA esjk ekek jkr dks ljnkj'kgj x;k vkSj esjh eka dks ysdj jkr dks okfil 1 cts vk;kA esjk cki lqcg vk;kA eq>s lqcg gLirky vk,A esjs ?kjokyk vkx yxkus ds ckn ?kj ij gh jgkA esjs dks esjs ?kjokys us gh tyk;k gSA ml le; ?kj ij vkSj dksbZ ugha FkkA esjs ekek o eka dks dgk fd gLirky ys pyksA jkr dks ,d ckj esjs dks dkj esa M+kydj ljnkj'kgj ys x, FksA lkspk Fkk fd ogka Hkjrh djok,xsaA ljnkj'kgj ys x, rc esjs lkFk esjk ifr ugha x;kA ogka ls dgk fd jrux<+ Hkjrh djok,xsaA 13. To consider the reliability of dying declarations, we shall notice deposition of the witnesses examined by prosecution. 14. PW/1 Dr. Lalchand who examined the deceased and prepared autopsy report of Smt. Basanti Devi found following injuries on her body :- "Patch of Hair burn over scalp extended from frontal hair line upto partial region vertically in direction of size 6"X11/2" Face-Complete burn below eyes both side with ears and left side of forehead and temporal region. Neck - Complete burn except patch of healthy area post aspect. Right Arm - anteromedially and part of posterior aspect. Left Arm - Fore arm, upper arm burn anteromedially and post aspect 3 cm above wrist. Left Hand - Thumb burn upto base palm healthy Chest - anterior, posterior lateral both side burn post part partially burn more on lower past of back Abdomen - completely burn except left region. Rt. Thigh - anterolateral, medially burn upper 2/3 Pubic Hair - 2 upper pubic part burn Burns of 2nd 3rd & 4th degree in nature. There is scab formation & granulation tissues and stough present over burn area approximately 60%" 15. As per opinion of the doctor, the cause of death was Toxacemia and Tetanus due to respiratory failure. He further opined that the injuries were sufficient to cause death in ordinary course of nature. 16. PW/2 Smt. Vidya Devi, mother of deceased Basanti Devi in her statement has deposed that her daughter was married with the accused about two and half months back. She came to her house and resided with them for about 15-20 days and thereafter she went to her in-laws. On the fateful day, Laxmi Narayan who is brother of Smt. Vidya devi informed that Basanti has received burn injuries so they went to there. Upon reaching they saw that Basanti Devi had received burn injuries. When she asked the accused Lalchand, he only said that she herself got burnt. When she asked her daughter Basanti, she told that accused Lalchand asked her to accompany him to Maliyan's house for singing marriage song, when she refused, the accused started beating and thereafter, poured kerosene oil and lit fire. PW/3 Bhanwar lal, father of deceased has also deposed that he received information that his daughter Basanti Devi has received burn injuries. When she asked her daughter Basanti, she told that accused Lalchand asked her to accompany him to Maliyan's house for singing marriage song, when she refused, the accused started beating and thereafter, poured kerosene oil and lit fire. PW/3 Bhanwar lal, father of deceased has also deposed that he received information that his daughter Basanti Devi has received burn injuries. When he went to the hospital and asked Basanti Devi, she informed that accused Lalchand poured kerosene oil on her body and lit fire. PW/4 Pawan Kumar who is brother of the deceased has also stated tht they received information that his sister received burn injuries. When they went to see Basanti Devi, she told that accused Lalchand poured kerosene oil and lit fire and later on she expired. PW/6 Hari Kumar Godara, the then Munisiff and Judicial magistrate was examined and he deposed that he received an application from ASI Prithviraj for recording statement of Basanti Devi. In pursuance of application, he went to Ratangarh hospital to record the statement. The doctor informed him that Basanti Devi was fit for giving statement and only then he recorded the statement of Basanti which is marked as Exhibit P/4 and bears her thumb impression. This dying declaration is also corroborate by PW/2 Smt. Vidya Devi, mother of deceased, PW/3 Bhanwar lal, father of deceased and PW/4 Pawan Kumar, brother of deceased. 17. It is settled principle of law Court that dying declaration can be the sole basis of conviction if it can be shown that the person making statement was influenced by any exterior factor and the statement made was duly recorded. 18. In the present case, upon perusal of the dying declarations including the one which formed the basis of the FIR (Ex.P/11), the second recorded by the ASI as a statement under section 161 of the Cr.P.C., 1973 (Ex.P/16), and a third recorded by Magistrate (Ex.P.4) are unanimous as in all the dying declarations, the name of accused finds mention therein. 19. In the first instance, there is no discrepancy in the dying declaration whatsoever with regard to presence and involvement of the accused, however, even if there are some discrepancies in the dying declaration, to our mind, these are so insignificant that they call for no discussion. 19. In the first instance, there is no discrepancy in the dying declaration whatsoever with regard to presence and involvement of the accused, however, even if there are some discrepancies in the dying declaration, to our mind, these are so insignificant that they call for no discussion. It is amply clear from the evidence that the injured was in great pain at the time of recording of statements and if there were minor discrepancies in the three dying declarations, they have to be accepted as normal. 20. Further it is relevant to notice that the dying declaration had recorded by the Magistrate after the doctor had certified the victim to be fit to make a statement. The doctor also appeared in the witness-box to support the statement of the I.O and the Magistrate. We are, therefore, of the opinion that no fault whatsoever could be find in the dying declaration. 21. The Constitution Bench of Hon'ble Supreme Court in Laxman v. State of Maharashtra reported in (2002) 6 SCC 710 while stating the law relating to the dying declaration, has succinctly held as under: "3. ... A dying declaration can be oral or in writing and any adequate method of communication whether by words or by signs or otherwise will suffice provided the indication is positive and definite. In most cases, however, such statements are made orally before death ensues and is reduced to writing by someone like a Magistrate or a doctor or a police officer. When it is recorded, no oath is necessary nor is the presence of a Magistrate absolutely necessary, although to assure authenticity it is usual to call a Magistrate, if available for recording the statement of a man about to die. There is no requirement of law that a dying declaration must necessarily be made to a Magistrate and when such statement is recorded by a Magistrate there is no specified statutory form for such recording. Consequently, what evidential value or weight has to be attached to such statement necessarily depends on the facts and circumstances of each particular case. What is essentially required is that the person who records a dying declaration must be satisfied that the deceased was in a fit state of mind. Consequently, what evidential value or weight has to be attached to such statement necessarily depends on the facts and circumstances of each particular case. What is essentially required is that the person who records a dying declaration must be satisfied that the deceased was in a fit state of mind. Where it is proved by the testimony of the Magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. A certification by the doctor is essentially a Rule of caution and therefore the voluntary and truthful nature of the declaration can be established otherwise. 22. In the case of Atbir v. Government of NCT of Delhi : (2010) 9 SCC 1 , the Hon'ble Supreme Court, after referring earlier judgments, has laid the following guidelines with regard to admissibility of the dying declaration: "22. The analysis of the above decisions clearly shows that: (i) Dying declaration can be the sole basis of conviction if it inspires the full confidence of the court. (ii) The court should be satisfied that the deceased was in a fit state of mind at the time of making the statement and that it was the result of tutoring, prompting or imagination. (iii) Where the court is satisfied that the declaration is true and voluntary, it can base its conviction without any further corroboration. (iv) It cannot be laid down as an absolute Rule of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated. The Rule requiring corroboration is merely a Rule of prudence. (v) Where the dying declaration is suspicious, it should be acted upon without corroborative evidence. (vi) A dying declaration which suffers from infirmity such as the deceased was unconscious and could never make any statement cannot form the basis of conviction. (vii) Merely because a dying declaration does contain all the details as to the occurrence, it is to be rejected. (viii) Even if it is a brief statement, it is to be discarded. (ix) When the eyewitness affirms that the deceased was in a fit and conscious state to make the dying declaration, medical opinion cannot prevail. (vii) Merely because a dying declaration does contain all the details as to the occurrence, it is to be rejected. (viii) Even if it is a brief statement, it is to be discarded. (ix) When the eyewitness affirms that the deceased was in a fit and conscious state to make the dying declaration, medical opinion cannot prevail. (x) If after careful scrutiny, the court is satisfied that it is true and free from any effort to induce the deceased to make a false statement and if it is coherent and consistent, there shall be no legal impediment to make it the basis of conviction, even if there is no corroboration." 23. Hon'ble Supreme court in the case of Ramesh & Ors v. State of Haryana & Ors reported in AIR 2016 SC 5554 has observed as under :- "27. Law on the admissibility of the dying declarations is well settled. In Jai Karan v. State of N.C.T., Delhi reported in (1999) 8 SCC 161 , this Court explained that a dying declaration is admissible in evidence on the principle of necessity and can form the basis of conviction if it is found to be reliable. In order that a dying declaration may form the sole basis for conviction without the need for independent corroboration it must be shown that the person making it had the opportunity of identifying the person implicated and is thoroughly reliable and free from blemish. If, in the facts and circumstances of the case, it is found that the maker of the statement was in a fit state of mind and had voluntarily made the statement on the basis of personal knowledge without being influenced by others and the court on strict scrutiny finds it to be reliable, there is no Rule of law or even of prudence that such a reliable piece of evidence cannot be acted upon unless it is corroborated. A dying declaration is an independent piece of evidence like any other piece of evidence, neither extra strong or weak, and can be acted upon without corroboration if it is found to be otherwise true and reliable. There is no hard and fast Rule of universal application as to whether percentage of burns suffered is determinative factor to affect credibility of dying declaration and improbability of its recording. There is no hard and fast Rule of universal application as to whether percentage of burns suffered is determinative factor to affect credibility of dying declaration and improbability of its recording. Much depends upon the nature of the burn, part of the body affected by the burn, impact of the burn on the faculties to think and convey the idea or facts coming to mind and other relevant factors. Percentage of burns alone would determine the probability or otherwise of making dying declaration. Physical state or injuries on the declarant do by themselves become determinative of mental fitness of the declarant to make the statement (See Rambai v. State of Chhattisgarh : (2002) 8 SCC 83 ). 28. It is immaterial to whom the declaration is made. The declaration may be made to a Magistrate, to a Police Officer, a public servant or a private person. It may be made before the doctor; indeed, he would be the best person to opine about the fitness of the dying man to make the statement, and to record the statement, where he found that life was fast ebbing out of the dying man and there was no time to call the Police or the Magistrate. In such a situation the Doctor would be justified, rather duty bound, to record the dying declaration of the dying man. At the same time, it also needs to be emphasised that in the instant case, dying declaration is recorded by a competent Magistrate who was having no animus with the accused persons. As held in Kushal Rao v. State of Bombay : 1958 SCR 552 , this kind of dying declaration would stand on a much higher footing. After all, a competent Magistrate has no axe to grind against the person named in the dying declaration of the victim and in the absence of circumstances showing anything to the contrary, he should be disbelieved by the Court (See Vikas and Ors. v. State of Maharashtra : (2008) 2 SCC 516 ). 29. No doubt, the victim has been brought with 100% burn injuries. Notwithstanding, the doctor found that she was in a conscious state of mind and was competent to give her statement. Thus, the Magistrate had taken due precautions and, in fact, Medical Officer remained present when the dying declaration was being recorded. 29. No doubt, the victim has been brought with 100% burn injuries. Notwithstanding, the doctor found that she was in a conscious state of mind and was competent to give her statement. Thus, the Magistrate had taken due precautions and, in fact, Medical Officer remained present when the dying declaration was being recorded. Therefore, this dying declaration cannot be discarded merely going by the extent of burns with which she was suffering, particularly, when the defence has been able to elicit anything from the cross-examination of the doctor that her mental faculties had totally impaired rendering her incapable of giving a statement." 24. Recently Hon'ble Supreme Court in the case of Gulzari Lal v. State of Haryana : (2016) 4 SCC 583 has even held that a valid dying declaration may be made without obtaining a certificate fitness of the declarant by medical officer. In the present case, fitness certificate has been obtained by the Magistrate before recording the dying declaration. 25. Thus, the law is quite clear that if the dying declaration is absolutely credible and nothing is brought on record that the deceased was in such a condition, he or she could not have made a dying declaration to a witness, there is no justification to discard the same. As far as the intention of the accused appellant is concerned, the intention of the accused appellant is very clear as he poured kerosene and set fire to the deceased and he did not take her to the hospital. 26. In the above facts and circumstances, we are of the opinion that there are no grounds to interfere with the judgment of the trial court and same is liable to be confirmed in all respects. 27. In the result, criminal appeal is dismissed by confirming the conviction and sentence recorded by the court of learned Sessions Judge, Churu in Sessions Case No. 70/1987 vide judgment dated 21.12.1988 for the offence under Section 302 and 498A IPC. Accused appellant Lal Chand whose sentence was suspended vide order dated 12.10.1990 by the Coordinate Bench of this Court in DB Criminal Misc. Bail (Suspension of Sentence) Application No. 344/1990 is directed to surrender himself before the trial court forthwith to serve the sentence awarded to him. Accused appellant Lal Chand whose sentence was suspended vide order dated 12.10.1990 by the Coordinate Bench of this Court in DB Criminal Misc. Bail (Suspension of Sentence) Application No. 344/1990 is directed to surrender himself before the trial court forthwith to serve the sentence awarded to him. In case, he fails to surrender himself before the trial court, the learned District and Sessions Judge, Churu shall ensure his arrest to serve out the remaining sentence of imprisonment.