1 cria379.94 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPEAL NO. 379 OF 1994 The State of Maharashtra ..APPELLANT VERSUS 1. Asaram S/o Vishwanath Satpute, Age : 26 years, Occ : Occ : Agri., R/o Gomalwada, Tq. Patoda, Dist. Beed. 2. Vishwanath S/o Dhondiba Satpute, Age : 60 years, Occ : & R/o as above. (Appeal abated as against Respondent no.2 as per Court's order dated 05.12.2006. 3. Vachhalabai W/o Vishwanath Satpute, Age : 55 years, Occ : Household, R/o as above. ..RESPONDENTS ..... Smt. S.D. Shelke, A.P.P. for appellant. Shri. Joydeep Chatterji advocate holding for Shri V.A. Dhakne, advocate for respondent nos. 1 and 3 Appeal abated as against respondent no.2. ..... CORAM : A.H. JOSHI AND A.M. THIPSAY , JJ. DATE : 8th November, 2011 : JUDGMENT : (PER JOSHI, J.) 1. This is a State appeal against acquittal. 2. Heard both sides. 3. Accused persons were charged under Sections 302, 498(A) r/w Section 34 of the Indian Penal Code. At the end of the trial, the accused were acquitted. 4. The State has preferred this appeal for converting acquittal in to conviction. The grave thrust is based on Dying Declarations as crucial piece of evidence. No special emphasis is seen to have been given in the trial as to the proof 2 cria379.94 of charge under Section 498(A) of the Indian Penal Code. 5. The medical evidence i.e. testimony of P.W. 11-Dr. Mukund Madhukar Paithankar shows that the deceased had suffered 71% injuries due to burn, and all injuries were superficial to deep and were sufficient, in ordinary course of nature, to cause death of the deceased. As reported in the post mortem examination report, the cause of death was "septicimic shock due to massive burns". 6. Doctor has opined that it would not be possible to assert the death being either suicidal or homicidal. 7. The prosecution has relied upon Dying Declarations (Exhibit -25 and Exhibit-29) proved by P.W. -6-Shri. Trimbak Taware-Special Judicial Magistrate and P.W. -7-Shiaji Shahjirao Dhas-Police Head constable. 8. The time, when Exhibit-25 is recorded, is 12.45 noon, while Exhibit-29 was recorded an hour before it. 9. The medical endorsement shows that deceased Alkabai was "conscious", when the Magistrate recorded her statement. 10. Both Dying Declarations are common on the point that the incident occurred because the accused suspected chastity of the deceased. She named husband, father-in-law and mother-in-law as the accused persons. She further averred that after she was set on fire, she ran away and the persons in the vicinity extinguished the fire. 11. It is seen that though the persons in the vicinity claimed to have arrived on the spot, none amongst them has been examined as the witnesses of the incident. Therefore, the case rests entirely on the circumstantial evidence. 3 cria379.94 12. The testimonies of P.W. 6 and P.W. 7 disclose that they have made efforts whatsoever satisfying themselves as to victim being well oriented and that she was in a position to give Dying Declarations. 13. The medical certificate shows that the patient was "conscious". The "consciousness" does not, in isolation, constitute `sufficient and adequate' proof of fact that the Alkabai was in a position to give Dying Declarations. 14. In the result, these Dying Declarations are not free from suspicions and therefore are not worthy of reliance. 15. We are, therefore, satisfied that the appeal does not deserve any interference and is accordingly dismissed. (A.M. THIPSAY, J.) ( A.H. JOSHI, J.) ga s/cria379.94