Deceased wife allegedly burnt by her in laws on 20-12-2011, because of non fulfilment of their dowry demand Two dying declarations recorded, first by IO and second by magistrate. Magistrate had no animus against the accused. In this declaration, deceased clearly implicated both accused. Statement of the deceased in first dying declaration that she locked the door from inside and out of anger poured kerosene and burnt herself not supported by medical evidence as injuries found on the head and on the back side and not on the cest of the deceased, could have been possible only if someone poured kerosene on her from behind. Even how she was taken to hospital if the door was locked from inside could not be explained. Thus, acquittal of both the accused held not justified and set aside. A dying declaration, if found true and voluntary can be made basis for convicting accused without any corroboration. Held, merely because there are two/ multiple dying declarations, all the dying declarations can’t be rejected.
[State of Uttar Pradesh v. Veerpal and Another, (2022) 4 SCC 741]