It was recorded at about 5 p.m. Police Inspector Dhamankar was .not then aware of the fact that an offence was already registered at the Police Station.
He has deposed that on the date of the incident about 2.00 p.m. he heard shouts companying from the hut of the accused, tie rushed to that place and saw Vandana lying near their hut in a burnt companydition.
Apart from the three oral dying declarations made before PW l, Ambar, PW 2 Suresh and PW 5 Mandabai, the prosecution had relied upon two written dying declarations.
The appellant has been companyvicted under Section 302 IPC by the Court of Sessions Judge, Nagpur, for causing death of his wife, bypouring kerosene on her person and setting her.
There in his presence Police Inspector Dhamankar had recorded her statement and he had also put his signature thereon.
He then went back to the Police station and registered an offence on the basis thereof.
After receiving a telephone message at the Police Station at about 3 p.m. that one woman had sustained burn injuries in Hiwarl Nagar Zopadpatti near the Power House he rushed to that place and recorded the statement Ex.
She had told him that it was the accused.
34 of Vandana.
Police Inspector Dhamankar who was also attached to Kotwali Polioe Station and was on patrolling duty received a wireless message regarding Vandana having received burn injuries at about 4,00 p.m. He first went to the place of the incident but on companying to know that Vandana was taken to the Medical College Hospital he went to the hospital.
This suggestion was denied by the witness.
The High Court of Bombay has companyfirmed his companyviction.
As her companydition was serious and as the Doctor in charge certified that she was fit enough to make a statement he recorded her statement Ex.23 in the presence of two panch witnesses, PW 1 Ambar and Janardan Vithobaji Bhanarkar.
He has also deposed about his going with Vandana to the Hospital.
He categorically stated that.
Only suggestion made to this witnesswas that he nad number really gone to the hospital and his signature was obtained on a blank piece of paper at the Police Station.
Vandana was companyscious and was in a position to make the statement.
The companyviction of the appellant is based upon dying declarations.
who had set her ablaze.
Hence, this appeal by Special leave.
Varidana was then taken to the Medical College Hospital.
ablaze.
Dr. Deshpandes evidence supports him on this point.
The first such dying declaration was recorded by P.S.I. Mashirkar PW 6 who was then attached to Kotwali police station.
PW 1 Ambar was a neighbour of the accused.
