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Head Note

Indian Penal Code,1860  - Section 498-A , Section 302 , The Indian Evidence Act, 1872  - Section 32

Mother-in-law and her another relation women poured kerosene on daughter-in-law and set her on fire resulting into her death - Convicted by High Court - Conviction challenged on the ground that dying declaration was not recorded properly as the signatures of deceased were not attested and further no fitness certificate of doctor was attached - Conviction upheld - Held, there is no requirement of law that dying declaration must necessarily contain a doctors certificate stating that patient was in fit state of mind especially when dying declaration was recorded by Magistrate - In the instant case dying declaration recorded by Magistrate in the presence of doctor - Thumb impression of deceased also taken in presence of doctor - Moreover dying declaration corroborated with statement given by deceased to Police official - Hence, the dying declaration is reliable and trustworthy and gives accurate version of the manner in which incident took place.

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