LAW FOR ALL

dying declarations = variation between the two statements is concerned, it is only this much that in her first statement Chandrakala had stated that the appellant used to harass and ill-treat her because he was demanding gold from her, and was asking her to marry her sister to him for which she was not agreeable. In the second dying declaration she had once again stated that he was demanding gold from her, but had also added that he had sought the transfer of the land belonging to her maternal uncle to him. This time she has not stated about his insisting to marry her sister. The demand for gold is the common factor in both the statements. In the first statement she has additionally referred to his insisting on marrying her sister, whereas in the second one she has referred to his demand for the agricultural land of her maternal uncle. The Sessions Court and the High Court have not given any importance to this variation, and in our view rightly so. This is because one must understand that Chandrakala had suffered 91% burn injuries. Earlier, the duty-doctor had asked her as to how the incident had occurred, and later on the Head Constable on duty had repeated the query. Any person in such a condition will state only that much which he or she can remember on such an occasion. When asked once again, the person concerned can not be expected to repeat the entire statement in a parrot-like fashion. One thing is very clear in both the statements viz., the greed of the appellant and her being harassed on that count. -Thus as can be seen, by enacting Section 32 (1) in the Evidence Act, the legislature has accorded a special sanctity to the statement made by a dying person as to the cause of his own death. This is by virtue of the solemn occasion when the statement is made. Besides, when the statement is made at the earliest opportunity without any influence being brought on the dying person, there is absolutely no reason to take any other view for the cause of his or her death. The statement has to be accepted as the relevant and truthful one, revealing the circumstances which resulted into his death. Absence of any corroboration can not take away its relevance. Exaggerated doubts, on account of absence of corroboration, will only lead to unmerited acquittals, causing grave harm to the cause of justice and ultimately to the social fabric. With the incidents of wives being set on fire, very unfortunately continuing to occur in our society, it is expected from the Courts that they approach such situations very carefully, giving due respect to the dying declarations, and not being swayed by fanciful doubts. In the present case there are two dying declarations recorded at the earliest opportunity. They contained the motive for the crime, and the reasons as to why the deceased suffered the burn injuries viz., the greed of the appellant to which the deceased had refused to succumb. As far as her statements viz., that the appellant had poured kerosene and set her on fire is concerned, there is no reason to discard it considering the fact that it was made at the earliest opportunity and on a solemn occasion. The defence put up a story which is totally inconsistent with the facts which have come on record, and is a clear afterthought and therefore unacceptable. In fact this case clearly shows an attempt to put up a totally false defence. The prosecution has undoubtedly proved its case beyond any reasonable doubt. 19. In view of the above legal position and facts on record, we see no reason to interfere in the judgment and order rendered by the learned Sessions Judge as modified and confirmed by the High Court. 20. The appeal is, therefore, dismissed.