Admissibility of a dying declaration as the sole basis for conviction despite the absence of medical certification.

The deceased, Rayliben, had a prior altercation with the accused’s daughter over picking cotton

On June 30, 2009, while the deceased was sleeping outside her house, the accused (the deceased’s sister-in-law) poured kerosene from a steel vessel and set her on fire

The husband of the deceased (PW-7) witnessed the accused fleeing with the vessel

The deceased was treated at Lunawada and Godhra Civil Hospitals but succumbed to septicemic shock from second-degree burn injuries on July 11, 2009

Before her death, her dying declaration (DD) was recorded by an Executive Magistrate (PW-6) and a statement was taken by a Head Constable (PW-20)

The Trial Court convicted the appellant under Section 302 IPC.

The appellant challenged this on grounds of delayed FIR by a relative instead of the husband, lack of medical certification on the DD, and absence of kerosene smell at the scene

1. Whether the dying declaration recorded by the Executive Magistrate without a doctor's endorsement is legally sustainable and can form the sole basis of conviction

2. Whether the prosecution proved the guilt of the accused beyond reasonable doubt despite certain inconsistencies in medical and ocular evidence

The court primarily applied Section 302 of the Indian Penal Code (IPC) regarding punishment for murder

It relied on the evidentiary value of dying declarations under Section 32 of the Indian Evidence Act.

Crucially, the court applied the principle from *Poonam Bai v. State of Chhattisgarh*, which establishes that a dying declaration can be the sole basis for conviction if it is trustworthy and voluntary, even in the absence of a doctor's certificate, provided the person recording it is satisfied the declarant is in a fit mental state

The Court found the dying declaration (Exh. 19) to be voluntary and reliable.

While the Executive Magistrate (PW-6) did not obtain a formal medical endorsement, he testified that he was personally satisfied the deceased was conscious and fit to speak

This was corroborated by the initial statement recorded by PW-20, where the deceased consistently named the accused and described the cotton-picking dispute as the motive

The Court dismissed the defense's arguments regarding the lack of kerosene smell, noting that the husband’s testimony (PW-7) regarding seeing the accused flee and the consistent oral dying declarations made to relatives in the ambulance (PW-5) created an unbroken chain of events

The medical evidence (PW-15) confirmed that the burns were consistent with kerosene pouring and sufficient to cause death in the ordinary course of nature

The Court held that the Executive Magistrate’s satisfaction regarding the declarant's mental fitness superseded the procedural requirement of a medical certificate

The evidence of the husband (PW-7) and the consistency between the various dying declarations proved the accused's involvement beyond reasonable doubt

The appellant was directed to surrender within six weeks