Supreme Court of India

RAMILABEN HASMUKHBHAI KHRISTI AND ANR. ETC.versusSTATE OF GUJARAT

Citation: 2002 INSC 336
Decided: 14 August 2002
Disposal: Appeal(s) allowed
Bench: R C LAHOTI

Holding

A dying declaration may be the sole basis of conviction only if it is free from doubt, recorded in accordance with law, and supported by a medical certificate of mental fitness; otherwise, conviction cannot rest solely on such statements.

Summary

The victim, Pragnesh Kumar, died from severe burns after allegedly being attacked by a group of accused. Four dying declarations were recorded by a medical officer, a police sub‑inspector and two executive magistrates, none of which were accompanied by a medical certificate confirming the victim's mental fitness. The statements were inconsistent, lacked corroboration, and no eyewitness evidence existed. The High Court upheld convictions under IPC sections 302 and 120B based solely on these dying declarations. The Supreme Court held that while a dying declaration can, in principle, be the sole basis of conviction if it is free from doubt and recorded per law, the absence of a fitness certificate and the inconsistencies rendered the declarations unreliable, and thus the convictions could not stand. The appeals were allowed and the convictions set aside.

Issues considered

Can a dying declaration form the sole basis of conviction in the absence of a medical certificate of mental fitness?
Do inconsistencies among multiple dying declarations defeat the requirement of reliability and confidence?
Is conviction under Sections 302 and 120B IPC sustainable when the only evidence is uncorroborated dying declarations?
Were the procedural requirements for recording dying declarations under the Evidence Act complied with?

Legislation cited

Indian Evidence Act, 1872s. 32
Indian Penal Code, 1860s. 120B, s. 302

Subjects

Dying declarationEvidence ActSection 302 IPCSection 120B IPCMental fitness certificateCorroborationCriminal lawSupreme CourtAppealGujarat

Judgment

A RAMILABEN HASMUKHBHAI KHRISTI AND ANR. ETC.
v.
ST A TE OF GUJARAT

AUGUST 14, 2002

B [R.C. LAHOTI AND BRIJESH KUMAR, JJ.]

Evidence Act, 1872:

Dying declaration-Whether dying declaration could form sole basis
C of conviction-Held, yes, if it is free from any doubt and recorded in the
manner as per provisions of law-However, it is not a correct to record
conviction solely on the basis of dying declaration in the absence of fitness
certificate as regards mental condition of the deceased and there are
deviations indifferent declarations made and consistency is conspicuously
D missing-Penal Code, 186~ections 302 and 120-B-Murder--Conviction.
Dying declaration-Held, could be acted upon without corroboration
·if Court is convinced about its trustworthiness and if it inspires confidence.
According to the prosecution, the victim/deceased was cordoned by
E accused No. 2 and ten other accused persons. Accused No.2 allegedly sprinkled
kerosene oil on deceased and one of the remaining accused set him on fire.
He received severe burn injuries and was taken to.Police Station by CWl,
PW4 and others. PSI advised them to takethe victim to hospitaland to record
complaint thereafter. Later on he was shifted to another hospital where he
succumbed to his burn injuries. During his stay and treatment in the
F hospitals, four dying declarations were recorded at different stages by the
P.S.I., Medical Officer and two Executive Magistrates. PW2, a Medieal Officer,
recorded a history of Medico legal case and sent a telephonic information to
the Police Station. PSI, PWl recorded the statement of injured/victim and
took his thumb impression since victim was unable to put his signature due
to injuries; subsequently, Executive Magistrate, Kheda town recorded the
G statement of the injured/victim. As per medical advise, victim was shifted to
another hospital where also Executive Magistrate, Ahmedabad recorded
incomplete statement of the victim as his condition became deteriorated and
he died.

In the meanwhile, PSI acting upon information received from the
H
530
RAMILABEN HASMUKHBHAi KHRISTI v. STATE 531

hospital, investigated the matter and concluded it as a case of accidental death. A
Father of the deceased, not satisfied with the investigation at the instance of
Divisional Police Superintendent, got the matter re-investigated. Trial Court
convicted six of the accused under Section 302 read with Section 120-B IPC
but acquitted four accused anc! one of the accused died during trial. High Court
upheld the conviction of the six accused persons. Hence these appeals.
B
As for motive, it was stated that the deceased and accused No. 2 were
deeply attached to each other, both of them eloped and stayed away together
for some time; that the father of the accused lodged a complaint against the
deceased; and police apprehended them and handed back accused No.2 to her
parents.
c
It was contended for the appellants that it would be improbable that
accused, who was in deep love and affection with victim/deceased, would have
sprinkled kerosene oil on her lover to kill him; that such improbability is
re-affirmed by the acquittal of the said accused by the Courts below; that it
was a case of suicidal death as marriage of accused-lover was settled D
somewhere else and the deceas.ed had suicidal tendency and earlier also he
had attempted to commit suicide; and since none of the four dying declarations
conform to the requirement of acceptable dying declaration, the conviction
solely based on those dying declarations, is not justified.

Allowing these appeals, the Court E
HELD: 1.1. The victim/deceased was brought to civil hospital on the
fateful day at about 10.00 a.m. and all the four dying declarations were
recorded between 10.00 a.m. to 3.00 p.m. The first one was recorded by PW2,
Medical Officer in the hospital, who noted that the injured was passing on a
public road, when accused persons living in the lane, rounded him and F
sprinkled kerosene on his body and set him ablaze. Thereafter the last line
reads as "Patient conscious. Police station informed for DID." Thus, the
doctor had already taken steps for recording the dying declaration yet preferred
to record the statement without waiting for the police to arrive or the
Magistrate to come for recording the dying declaration. The certificate about G
the condition of the patient only says that he was conscious; There is nothing
about his mental fitness. [546-B-C]

1.2. Police Sub-Inspector also recorded a statement of the victim
without waiting for the Executive Magistrate. In the statement, there are some
such details which hardly seem to be related to the incident. It makes H.
532 SUPREME COURT REPORTS (2002) SUPP. 1 S.C.R.

A repetitions also and due care has also been taken to make it believable by
stating that the victim/deceased was conscious while making the statement
and whatever has been stated is true and correct and it further says that
victim/deceased puts his thump impression. It is found in the statement that
the fact has been introduced that accused No.2 had sprinkled kerosene oil on
B him and he was burnt with matchstick. In respect of this statement, there is
no certificate of mental fitness by the doctor. (546-F-H; 547-A-B]

1.3. PW3, Executive Magistrate, Kheda, also recorded a statement after
ascertaining from the Doctor that the victim was conscious. In this statement,
it is for the first time indicated that the victim was beaten by those who
C surrounded him, but no injuries were found either by PW2 or by the other
doctor performing the post-mortem examination. Another deviation in the
statement is that accused No.2, on instigation of her father, had poured
kerosene oil on the body of the victim. The statement was recorded for more
than 35 minutes. No certificate of any doctor about mental fitness of the victim/
deceased to make such a statement is appended in the dying declaration. Time
D and again there is repetition on the part of the injured indicating that he was
conscious and he was declaring the truth. It is highly doubtful that he could
give such lengthy statement with the language used. [547-C-E]

1.4. The last of the four statements was recorded by PW7, Executive
Magistrate, Ahmedabad at 3.30 p.m. But this statement is incomplete as after
E answering a few questions, the victim was not able to speak. The Magistrate
in his statement deposed that the injured was not replying the question and
he was made to understand the same. He had to explain the questions
frequently, sometimes for about 15 times. The mental state of the injured can
well be understood by the fact that he had to be explained the question, as
F many as about 15 times before eliciting any reply. The Magistrate himself
noted that the dying declaration was written to, the extent the injured dictated
and spoke in state of his consciousness. It also does not bear any endorsement
or certificate of the doctor about the mental condition of the injured as to
whether he was fit or not to make a statement. This statement also ascribes
the role of sprinkling of kerosene oil upon his body by one of the accused.
G
[547-F-H; 548-AJ

2.1. Under the law, dying declaration, can form sole basis of conviction,
if it is free from any kind of doubt and it has been recorded in the manner as
provided under the law. It may not be necessary to look for corroboration of
H the dying declaration. As envisaged, a dying declar~tion is generally to be
RAMILABEN HASMUKHBHAI KHRIST! v. STATE 533
recorded by an Executive Magistrate with certificate of a medical doctor about A
the mental fitness of the declarant to make the statement. It may be in the
form of question and answer and the answers be written in the words of the
person making the declaration. But Court cannot be too technical and in
substance if feels convinced about the trustworthiness of the statement which
may inspire confidence, such a dying declaration can be acted upon without B
any corroboration. (545-G-H; 546-A)

Uka Ram v. State of Rajasthan, (2001) 5 SCC 254; Paparambaka
Rosamma and Ors. v. State of Andhra Pradesh, (1997) 7 SCC 695; laxmi
(Smt.) Vs. Om Prakash and Ors.• [2001) 6 SCC 188 and Panchdeo Singh v.
State of Bihar. (2002] I SCC 577, relied on. C
2.2. In the instant case, none of the dying declarations contain any
certificate by the doctor about the mental fitness of the victim/deceased to
make a statement although doctor was always available. In two dying
declarations it is only indicated that victim/deceased was conscious. No amount
ofsubsequent statement of the doctor can supplement the endorsement of D
Certificate while recording the dying declaration. The first two statements
have been recorded in quick succession without waiting for the Magistrate to
arrive even though steps had been taken for recording of the dying declaration
by the Magistrate who actually got the message at about I 0.30 a.m. and had
contacted the doctor at the hospital at 11.05 a.m. (548-B-C)
E
3. There are deviations from statement to statement, consistency is
conspicuously missing. The first dying declaration recorded by PW!, the
Medical Officer, does not say that one of the accused sprinkled kerosene oil
on the victim/deceased. Eight or nine persons living in the lane are said to
have surrounded him but who sprinkled oil and who lighted the matchstick is F
not stated. In view of the settled position of law, it may not be possible to base
the conviction on the sole basis of dying declarations. There is no eyewitness
to the incident In two dying declarations the deceased had stated about being
beaten by the accused persons but no such injuries are found in any report
Looking to all the facts and circumstances of the case, it is not a case in
which conviction can be recorded only on the basis of dying declarations which G
fail to inspire confidence. Hence the conviction and sentence passed against
the appellants are set aside. (548-C-E; 549-B, DJ

CRIMINAL APPELLATE JURJSDICTION : Cr!. Appeal No. 245 of2002.

From the Judgment and Order dated 21.9.2000 of the Gujarat High Court H
534 SUPREME COURT REPORTS [2002] SUPP. 1 S.C.R.

A in Cr!. A. No. 591 of 1998.

WITH

Cr .I A. No. 246 and 24 7 of 200 I.

B Ranjit Kumar, Yashank Adhyaru, H.A. Raichura, Maulik Nanavati, Vimal,
Chandra S. Dave, Ms. Aruna Gupta, Ms. Anu Sawhney, Ms. Hemantika Wahi,
Ms. Natasha and Mrs. S.H. Raichur for the appearing parties.

The Judgment of the Court was delivered by

C BRIJESH KUMAR, J. All the three criminal appeals, noted above, arise
out of the judgment and order dated 21.9.2000, passed by the Gujarat High
Court upholding the conviction and sentence of all the appellants in the three
appeals as awarded by the Additional Sessions Judge, Kheda at Nadiad by
the order dated 08.6.1998 in Sessions Case No.195/1993. The appellants have
b~en convicted under Section 302 read with Section 120-B IPC and sentenced
· D · to imprisonment for life. they have also been sentenced to pay a fine of Rs .
. 5000 each, in default to suffer simple imprisonment for a period of three years,
. except accused no.5 Ramilaben and accused no. I I Elisaben, who have been
sentenced to pay a .fine of Rs. 2000 each, in default thereof to suffer simple
imprisonment for a. period of two years. Four persoris, namely, Pushpaben
E Dahyabhai, Ravinaben Dahyabhai, Gersombhai Yakubhai and Mariyamben
· Ashabhai, had been acquitted as no case was found to have been made out
for their conviction.

In all, there were eleven accused persons, out of which. accused no.6
Rameshbhai Ashabhai died during the trial, six of them have been convicted
F and four have been acquitted as indicated earlier. For the sake of convenience,
·it may be better to note the "accused number" of all eleven persons, since
they have been so referred at many places in the judgments of the Sessions
Court and the High Court.

Name of the Persons CONVICTED:
G
Accused No. l Dahyabhai Ashokbhai.

Accused No. 4 Hasmukhbhai Ashabhai.

Accused No. 5 Ramilaben Hasmukhbhai

H Accused No. 8 Sulemanbhai Yakumbhai.
RAMILABEN HASMUKHBHAI KHRISTI v. STATE [BRIJESH KUMAR, J.] 535
Accused No. I 0 Daudbhai Shivabhai. A
Accused No. I I Elisaben Yusutbhai.
Accused No.6 Rameshbhai Ashabhai (died during trial)

Name of the Persons ACQUITTED:
B
Accused No.2 Pushpaben Dahyabhai.
Accused No.3 Ravinaben Dahyabhai.
Accused No.7 Gersombhai Yakubhai.
Accused No.9 Mariyamben Ashabhai.
The prosecution story is that on 15.02.1992 at about 9.30 a.m., the
c
deceased Pragnesh Kumar aged about 24 years, was going towards market in
town of Matar, District Kheda.While he was passing through the road, Accused
No.2-Pushpaben Ashabhai Khristi along with other ten accused persons
surrounded him and she is said to have sprinkled kerosene oil on Pragnesh
Kumar and one of the remaining ten persons lighted a match stick, as a result D
of which Pragnesh Kumar caught fire. He received severe bum injuries to the
extent of 90% all over the body. The same day Pragnesh Kumar died of the
said injuries in Vedilal Sarabhai Hospital, Ahmedabad sometime around 4.00
p.m.

Matar town is situated about 15 to 18 Kms. from the District Headquarters E
Kheda and 40 Kms. away from Ahmedabad. CW-I Ramilaben, sister-in-law of
the deceased, on coming to know about the incident, rushed to the place of
the occurrence opposite to the house of one Chandrakantbhai. PW-4
Jaykarbhai Mohanbhai Mecwan, the brother of the deceased Pragnesh Kumar
and Hasmukhbhai Khristi, husband of Ramilaben, were immediately called. F
PW-4 Jaykarbhai Mohanbhai Mecwan along with one of his relative Lataben
took Pragnesh Kumar to the Police Station Matar, where CW-3 l.M. Kumpawat,
P.S.I., who was present, advised them to take Pragnesh Kumar to the hospital
at Kheda and told that he would record the complaint later on. According to
PW-4 Jaykarbhai Mohanbhai Mecwan, his brother, Pragnesh Kumar while on
way to Kheda Hospital informed him that while he was passing through the G
way Pushpaben held him and her relatives surrounded him. Pushpaben
sprinkled kerosene oil on his body and somebody from the crowd lighted the
match stick. He reached kheda Hospital at about 10.00 a.m., where PW-2 Dr.
Sanjay Vasantrao Kolte gave treatment to Pragnesh Kumar and on enquiry
made, he is said to have informed the doctor that Dahyabhai Ashabhai H
536 SUPREME COURT REPORTS [2002) SUPP. I S.C.R.

A Khristi, Hasmukhbhai, Rarneshbhai, Ramilaben wife of Hasmukhbhai,
Pushpaben daughter of Dahyabhai Ashabhai Khristi, Elisaben and
Sulemanbhai Daudbhai, (in all named seven persons only) all surrounded him,
sprinkled kerosene and somebody from the- crowd of the accused persons,
put him on flame. Dr. Kolte recorded a history of Medico Legal Case, Exh.46
and sent telephonic information to Kheda town Police Station. Bhimsinh
B Chaturbhai, Head Constable, noted information in the Telephone Register and
the Station Diary and sent Yadi to P.S.I PW-I Vinodbhai Ramjibhai Toliya of
Kheda Police Station. A Yadi had also sent to hospital for recording dying
declaration of Pragnesh Kumar. PW- I Vinodbhai Ramjibhai Toliya, P.S.I. reached
the Kheda Hospital and recorded the statement of Pragnesh Kumar, Exh.29:
C He took thumb impression of Pragnesh Kumar, since he was unable to put
signature due to his injuries. Doctor also made an endorsement to the effect
that the patient was conscious.

In pursuance of the Yadi sent to the Magistrate from Kheda Police
Station, PW-3 Ashwinbhai Vasudev Dave, Executive Magistrate, Kheda reached
D to Kheda Civil Hospital at 11.05 a.m. and recorded the statement of Pragnesh
Kumar. The Magistrate recorded the statement at 11. l 0 a.m. in question and
answer form. The statement was completed at 11.46 a.m., it is Exh.60. Dr. Kolte
advised shifting of the patient from Kheda Hospital to Vedilal Sarabhai Hospital
or L.G. Hospital, Ahmedabad for better and proper treatment of the patient.
E Pragnesh Kumar was, therefore, taken to Ahmedabad at Vedilal Sarabhai
Hospital and admitted there at about 1300 hours on the same day i.e. 15.02.1992.
An information was sent from the hospital to the Ellisbridge Police Station for
recording of the dying declaration of Pragnesh Kumar. Consequently, PW-7
Suryakantbhai Shivrambhai, Executive Magistrate, Ahmedabad, recorded the
statement of Pragnesh Kumar at about 3.10 p.m. Initially, Pragnesh Kumar was
F conscious and told his name, address, etc. and also narrated that Pushpaben
Dahyabhai poured kerosene on him, thereafter he could not speak any further.
The half recorded dying declaration is Exh.75. Pragnesh Kumar died at the
hospital, thereafter.

The motive behind the incident is said to be that Pragnesh Kumar and
G Pushpaben, who both resided in Khristi Palia in Matar town, had been deeply
attached to each other. The intensity of their liking for each other was to the
extent that sometime in January 1992 Pushaben climbed up to the house of
Pragnesh Kumar in the night and reached to his residence, but father of
Pragnesh Kumar and other .elders persuaded Pushpaben to return to her
H parents but Pushpaben ran away in the darkness of the night, she was
RAMILABEN HASMUKHBHAI KHRISTI v. STATE [BRIJESH KUMAR, l.] 537
followed by Pragnesh Kumar. Both of them eloped in this manner and stayed A
away together for sometime. Father of Pushpaben lodged a complaint against

- Pragnesh Kumar and his father under Sections 363 and 366 of the !PC.
Pushpaben and Pragnesh Kumar were apprehended by the Police and in the
course of the investigation Pushpaben was handed back to her parents.
Pragnesh Kumar was also granted bail. After the said incident, the occurrence B
in question occurred on February 15, 1992.

On receiving the information from Civil Hospital, Kheda, Head Constable
Dalpatsinh was sent at 10.30 a.m. on 15.02.1992 to the Kheda hospital for
taking necessary steps in the matter. CW-3 Kumpawat, P.S.I. of Matar Police
Station, after receiving information reached police station at l 0.40 a.m. He C
went to the place of incident, where Ramilaben, who was later on examined
as CW-I, was present in the house of Pragnesh Kumar. She identified the
place of incident in the backyard of the house of Pragnesh Kumar. P.S.I.
Kumpawat prepared a panchnama of the scene of incident Exh.35 with two
panchas. The panchnama indicated that the place of incideoct as was shown
by Ramilaben Jaykarbhai. There was a smell of kerosene and two buckets full D
of water, smelling kerosene oil, were also found kept there. The place where
it is indicated that Pragnesh Kumar poured kerosene oil on himself and
committed suicide was also shown. He interrogated some other witnesses and
at about 12 O'clock he made an entry of accidental death in the Matar Police
Station Diary and concluded that no offence was to be registered against any E
accused. He prepared a report of accidental i.e. suicidal death and placed it
before his superiors. The father of Pragnesh Kumar, Mohanbhai Kalibhai
Mecwan, was not satisfied with the investigation of the case and attempted
to vent his grievances before the higher authorities to get justice by conducting
a proper investigation into the case, since, according to him, it was not an
accidental death but death by commission of an offence. The Divisional F
Police Superintendent some Mr. Naik ordered one Fatesinh S. Kant, Circle
Police Inspector to contact Mohanbhai Kalidas Mecwan and to hear his
grievance. Ultimately, on April 27, 1992, First Information Report was recorded
by Circle Inspector at Police Station Matar. Shri Fatesinh S. Kant, thereafter,
investigated the case and examined the witnesses and obtained a copy of the G
dying declaration of the deceased and submitted a charge-sheet under Section
302/120-B !PC against eleven persons.

The prosecution examined in all eleven witnesses. PW-I Vinodbhai
Ramjibhai Toliya, is P.S.I. Police Station Kheda, who had recorded the statement
of Pragnesh Kumar at the hospital Exh.27. PW-2 Dr. Sanjay Vasantrao Kolte, H
538 SUPREME COURT REPORTS [2002) SUPP. 1 S.C.R.

A who examined and gave treatment to Pragnesh Kumar at Civil Hospital, Kheda
and sent message to the police station and received the statement of Pragnesh
Kumar Exh.43. PW-3 Ashwinbhai Vasudev Dave, is Executive Magaistrate,
who recorded the statement of Pragnesh Kumar at Kheda Hospital. PW-4
Jaykarbhai Mohanbhai Mecwan, is the brother of the deceased Pragnesh
B Kumar, who took him to the Civil Hospital, Kheda. PW-5 Mohanbhai Kalidas
Mecwan, is the father of the deceased Pragnesh Kumar. PW-6 Dr. Ravindra
S. Bhise conducted the post-mortem examination of dead body of Pragnesh
Kumar. PW-7 Suryankabhai Shivarambhai Patel, Executive Magistrate, recorded
statement of Pragnesh Kumar at the Vedilal Hospital in Ahmedabad Exh.75.
PW-8 Jakibhai Kalidasbhai Mecwan and PW-9 Bhimsinbhai Chaturbhai, Head
C Constable, Police Station, Kheda, who recorded the message received from Dr.
Kolte, telephonically. PW-10 Kailashben Ambala and PW-11 is Fatesinh S.
Khant, Circle Police Inspector, who filed the chargesheet.

The Court had examined CW-I Ramilaben Jaykarbhai, CW-2 Lataben
Jakhibhai and CW-3 I.M. Kumpawat. The accused persons took the defence
D of denial and Suleman Daudbhai Khirsti and Dahyabhai Ashabhai Khirsti
pleaded alibi that they were on their duty on the fateful day and examined
defence witnesses DW-1 Balkrishna Bhailalbhai Khadiya and DW-2 Chanubhai
Dhulabhai Prajapati to prove alibi of Suleman Daudbhai. DW-3 Nainaben
Rathilal Bhrambhatt and DW-4 Bhagawanbhai Kanjibhai Makwana, were
E examined for Dahyabhai Ashabhai Khristi.

It is to be noted that there is no eye-witness to the incident, as a matter
of fact, case rests on the dying declarations recorded at different stages by
the P.S.l. Toliya, Dr. Kolte and two Executive Magistrates.

We have heard Shri Ranjit Kumar, learned senior counsel appearing for
F Accused No.5 Ramilaben, wife of Accused No.4 Hasmukhbhai Ashabhai and
Accused No. I I Elisaben Yusufbhai For the remaining appellants we have
heard Shri Dave who has adopted the arguments made by Shri Ranjit Kumar,
on the points common to all appellants generally.

G On behalf of the appellants it has been submitted that the prosecution
story sounds improbable in as much as it would be highly doubtful if
Pushpaben who has been assigned the role of sprinkling the kerosene oil
upon the deceased would do so looking to their relationship and deep love
and affection between them. It is further submitted that improbability of the
prosecution case is reaffirmed by acquittal of Pushpaben. Shri Ranjit Kumar
H submits that it is a case of suicidal death. Pragnesh Km!1ar having frustrated
RAM!LABEN HASMUKHBHAI KHR!STI v. STATE [BRIJESH KUMAR. J.] 539

by the fact that marriage of Pushpaben had been settled by her parents A
somewhere else he took the extreme step of committing suicide. It is further
submitted that there is material on record to show that Pragnesh Kumar had
..... suicidal tendency as on one or two occasions earlier also he had attempted
to commit suicide. The occurrence, according to the learned counsel did not
take place on the street as alleged by the prosecution and that is the reason B
why there is no eyewitness to the occurrence. Rather, the incident took place
in the house of Pragnesh Kumar. It is vehemently urged by the learned
counsel for the appellants that in any case the only evidence against the
appellants consisting of four dying declarations is not such that a conviction
may be maintained solely on those dying declarations which do not conform
to the standards of acceptable dying declarations. C
In support of his contention that it was a case of suicidal death, he has
referred to Exh. 28 which is a telephonic message recorded at Police Station
. Kheda Town received from Dr. Kolle of Civil Hospital, Kheda informing that
Pragnesh Kumar had sustained burn injuries while warming 'lround the fire,
he was admitted in the hospital and that he was conscious and in good D
condition. Needful was required to be done. Our attention has also been
drawn to Entries No.8 and 9 of Exh.31 the Station Diary of Police Station
Kheda, in support of telephonic message received from Dr. Kolte and its
contents regarding warming up around the fire. On receiving the message,
Matar Police Station was also infonned. Entry No.9 shows that at 10.20 P.SJ. E
and Constable Majidkhan left for the civil hospital. The message sent to the
Executive Magistrate for recording Dying Declaration from PSO of the poli10e
station Kheda town is Exh. 32 which also contains the same infonnation given
by Dr. Kolte including the part that Pragnesh Kumar had received burn
injuries while wanning around the fire. The message was received by tpe
Magistrate at 10.35 a.m. The Panchnama Exh. 35 is said to be prepared by Shri F
Kumpavat PSI Matar Police Station who went to the spot on receivipg
infonnation on 15.02.1992 and found Ramilaben, wife of Jaykarbhai Mohanbhai
present, who showed him the place of occurrence. It is House No.1763
belonging to Mohanbhai Kalidas Mecwan i.e. house of Pragnesh Kumar. In
the open space of the said house he found two buckets of water having a G
smell of kerosene oil etc. on the spot. The place where Pragnesh Kumar is
said to have received burn injuries, according to the Panchnama was indicated
by Ramilaben who is the wife of the brother of the deceased. He also found
leaves of Mehndi plant burnt and plants was also having the smell of kerosene.
Again a reference has been made to Exh. 38, which is a message recorded by
Dr. Ramesh Macusana, CHO, V. S Hospital given by Constable Elisbridge, V.S. H
540 SUPREME COURT REPORTS [2002] SUPP. I S.C.R.

A Hospital on admission of Pragnesh Kumar in V.S. Hospital, Ahmedabad
indicating therein inter alia that Pragnesh Kumar had received bum injuries
at home. Exh.39 to which also our attention has been drawn is an extract from
the diary of the police station Matar dated 15.02.1992 wherein it is noted by
I.M. Kampavat Sr. P.S.I. Matar Police Station that at 12.15 p.m. that it is a case
B of accidental death where the dece2sed had burnt himself by pouring kerosene
oil at the backside of his house. It was further noted that this fact has been
disclosed by the father of the deceased and therefore this accidental death
case paper may be kept with Station Diary. It may be noted that Ramilaben
and l.M. Kumpawat, P.S.I. of Matar Police Station were summoned by the
Court and they have been examined as Court witnesses. One Lataben, aunt
C of the deceased has also been examined by the Court as Court witness.
Whereas P.W. Kumpavat sticks to his stand of having gone to the house of
the deceased and having prepared the panchnama and the site plan, at the
instance of Ramilaben but she in turn namely, Ramilaben denies to have
shown any place of alleged incident to any police person nor the police
people had met her at her house. She also denies that any panchnama in that
D regard was prepared by the police. On the other hand, she stated that she
was at her house when the incident occurred. After she heard cries of some
woman that Pragnesh Kumar is burnt, she went out and found that Pragnesh
Kumar was lying burning in front of the house of Chandrakantbhai. In cross-
examination she told that she had seen Pragnesh Kumar burning, from the
E house of Pushpaben where Pushpa and her mother were giving push to
Pragnesh. A different picture emerges from this statement. C.W.2, Lataben
also says that she found Pragnesh lying on the ground in burning condition
who told her that Pushpa and her family members had put him on fire with
the matchstick. She gives no explanation as to why she had not stated so in
her statement at the police station however she stated in the cross-examination
F that Jaykar 's wife had told her that police had come in the noon and had gone
away after making some investigation.

From all that has been indicated in the preceding paragraph, it is sought
to be made on behalf of the appellant that the incident occurred at the house
of Pragnesh Kumar while he was warming around the fire or he committed
G suicide pouring kerosene oil upon himself. It may also be noted that Dr. Kolte
had stated that he did not give any such information that Pragnesh Kumar
had received injuries while warming himself around the fire. But the fact
remains that such a mention is made in the entries of the police papers of P.S.
Kheda Town and the yadis. Be that as it may, suffice it to say at this juncture
H that the veracity of the four dying declarations will have to be examined in
RAMILABEN HASMUKHBHAI KHRISTI v. STATE [BRIJESH KUMAR, J.] 541
any case and in that light this aspect of the matter, as highlighted on behalf A
of the appellants, may be considered if necessary.

We may now consider the dying declarations. It appears at the time, the
injured was taken to the Civil Hospital, Kheda. Dr. Kolle medically examined
him on 15.02.1992 at 10 A.M. Before the medical examination, the doctor
seems to have made some enquiries and noted down as follows : B
"O/E :- Pt. Brought by his relative Jaykar.
History of Bum:- I was passing on a public road, at that time, persons
living in the lane, Dahyabhai, Ashabhai, Hasmkukhbhai Rameshbhai,
Ramilaben Hasmukhbhai, Elisaben, Pushpaben Dahyabhai, Daudbhai C
Shivabhai, Sulemanbhai Daudbhai rounded up me, and sprinkled
kerosene on my body and set ablaze me. Patient conscious. Police
station informed for DID"
It is Exhibited as Exhibit '47'.

The other dying declaration is recorded by, PW-! Ramjibhai Toliya, PSI D
Police Station Kheda. On receipt of vardhi (message) at I 0.20 A.M. from the
PSO, he proceeded to Kheda Civil Hospital. He is said to have asked Dr. Kolte
as to whether the injured Pragnesh Kumar was conscious or not and the
doctor told that he was conscious whereupon Shri Toliya proceeded to record
his statement. It is a long statement given by the injured. He indicates his E
name, age, occupation as well as the address. He then indicates that the
injured has two other brothers, Jaiker is eldest and Vasant is youngest. He
also told that he is unmarried. He thereafter tells about the affairs that he had
with Pushpa, daughter of Dahyabhai Ashabhai. He then narrates that uncle
of Pushpa and her father had quarrels with him on that account. Uncle of
Pushpa Gersang had even beaten him and he was on inimical terms with them. F
Thereafter he named Pushpaben Ashabhai Dahyabhai, Hasmukhbhai Ashabhai,
Rameshbhai Ashabhai, Ramilaben Hasmukhbhai, Elisaben, Gersang Yakubbhai,
Suleman Daudbhai, Daudbhai Shivabhai and Mariyambhai Ashabhai who
surrounded him at about 9 A.M. while he was on the street near his house.
He then told that Pushpaben sprinkled kerosene oil on him and someone out G
of those persons put him on fire. by a match stick. He thereafter told that he
was conscious and had given that statement. In the last paragraph, he said
that the aforesaid persons had conspired to kill him as a result of which
kerosene oil was sprinkled and he was set ablaze. There was no other cause
except his affairs with Pushpa. In the next line, he stated that whatever was
stated by him was true and correct and he had put his thumb impression. H
542 SUPREME COURT REPORTS [2002] SUPP. l S.C.R.

A The statement was recorded by PWl Shri Toliya, PSI Kheda and there
is an endorsement of Dr. Kolte on it dated 15th February, 1992 at 10.50 a.m.
that the statement was recorded in his presence and he was unable to sign
as both palms have burnt. During the statement, Pragnesh Kumar was
conscious. The statement Exhibited as Ex.29.

B The third statement was recorded by the Executive Magistrate, PW-3,
A.V. Dave. He was then as Deputy Engineer cum Executive Magistrate at
Kheda. He commenced the recording of the statement at 11.10 A.M. It is in
question answer form. It is a very lengthy statement which runs into about
four and a half pages. The answer given in reply to the question as to how
C he was b;ought to the hospital, is very lengthy, narrating the whole story and
it runs into more than a page. Similarly, the answer to the last question also
runs into more than a page. The whole story is given in detail. He also
indicates that Gersombhai Yakubbhai Khristi, the uncle of Pushpa had beaten
him three months ago and he was being harassed at the instance of the
members of the family of Pushpa. Amongst those who had surrounded at the
D time of the incident, indicates the names of Dahyabhai Ashabhai, Pushpa,
Hasmukhbhai, Rameshbhai Ramilaben, Hasmukhbhai, Elisaben etc. It is then
stated that upon the instigation of her father, the kerosene oil was sprinkled
by Pushpaben upon his body. In answer to another question as to besides
those persons named above, ifthere was anyone else, he replied that Sulem'an
E Daud, Daud Shiva, Mariamben Ashabhai and Gersom Yakubbhai were also
there. He was also given a beating by the accused persons.

There are also such statements like 'I declare specifically in the state
of consciousness', "Hence, I hereby state you to make the lawful proceedings
and to inflict severe punishment upon all the aforesaid persons". He again
F states "I declare all the details on true facts on the basis of (unuttered)
knowledge and in the state of full consciousness". Again, he states at one·
place, "I understand that it is my duty to declare the true details hence I have
declared the same in detaiL I hereby reiterated as all those facts are true and
I. pray to inflict severe punishment upon all the guilty persons". He again told
G that he had thoroughly gone through the statement and understood the facts
and he was quite satisfied with his statement. He had to ·put his thumb
impression as he was not in a position to sign. The statement was completed
at 11.46 as noted by the Executive Magistrate. It is in Exhibit-60.

Yet another statement which had been recorded by Shri Suryakantbhai
H Shivrambhai, Executive Magistrate, Metropolitan Area Ahmedabad commenced
RAMILABEN HASMUKHBHAI KHRISTI v. STATE [BRIJESH KUMAR, J.] 543

its recording at the V.S. Hospital, Ahmedabad at 15.10 p.m. It is in the A
questionwanswer fonn. In answer to one of the questions as to who was in
the house at the time of the incident, he replied that his brother's wife
· (Bhabhi) was there. In answer to the question that who set him on fire, he
told Pushpaben daughter of Dahyabhai. Thereafter he could only speak "I
was going to the market and at that time, Pushpaben Dahyabhai sprinkled B
kerosene upon me whereafter he could not speak. The statement was closed
at 15.30 p.m. The Magistrate in his cross-examination had stated that the
deceased was not replying. Therefore, he was made to understand the
questions and that he had to explain the questions to the injured about 15
times.

It would also be appropriate to consider the condition of the deceased
c
Pragnesh Kumar at the time when he was taken to Civil Hospital, Kheda.PW-
2 Dr. Sanjay Vasantrao Kolte noted down the injuries found on his person on
15.2.1992 at 10.00 a.m. In all he found eleven injuries on different parts of the
body of the Pragnesh Kumar. He noted that he had second degree bum in
general. Injuries were on the neck, chest, abdominal and parietal region, etc. D
PW-2 Dr. Sanjay Vasantrao Kolle has stated that physical condition of Pragnesh
Kumar was not good, therefore, he was advised to be taken to V.S. Hospital
or L.G. Hospital, Ahmedabad. He further states that Pragnesh Kumar was
conscious. Looking to the Exh.45 which records the treatment given to Pragnesh
Kumar, he has stated that due to injuries it was not possible to record his E
blood pressure and the pulse. However, the pulse was feeble. The post-
mortem examination was conducted by PW-6 Dr. Ravindra Shri Krishna Bhise
the same day namely on 15.2.1992 at 5.45 p.m. In his opinion the death
occurred due to shock on account of bum injuries, which were sufficient to
cause death in natural course. It may be noted that Pragnesh Kumar received
injuries on 15.02.1992 at about 9.00 a.m. and died on the same day namely F
15.02.1992 at around 4.00 p.m. His physical and mental condition can well be
visualised from the above facts. Due to burn injuries his blood pressure could
not be recorded. Pulse was feeble and at about 3. l 0 p.m. while his statement
was being recorded by the Executive Magistrate at V.S. Hospital, Ahmedabad,
he could not speak and his statement remained incomplete.
G
The four dying declarations, as indicated above, have been recorde<i
between 10.00 a.m. to 3.00 p.m., a mention of which has already been made
in the earlier part of this judgment. A perusal of the statement recorded by
PW-2 Dr. Sanjay Vasantrao Kolle on 15.2.1992 at 10.00 a.m. shows that there
is no mention that Pushpaben Ashabhai had sprinkled the kerosene oil on H
544 SUPREME COURT REPORTS [2002] SUPP. 1 S.C.R.

A Pragnesh Kumar which has been the case of prosecution throughout nor that
she had lighted the match stick. Nothing specific has been indicated as to
who sprinkled the kerosene oil and who and in what manner set him ablaze.
In the statement recorded later by P.S.I., Kheda Shri Vinodbhai Ramjibhai
Toliya, Pragnesh Kumar seems to have given a lot of details including as to
how many brothers he has got and who is elder and the younger etc. He
B assigned to Pushpaben the role of sprinkling the kerosene oil on him. It is
further added that somebody from among those persons who had surrounded
him lighted the matchstick and put the same on his clothes. We then find that
the statement recorded by the Executive Magistrate PW-3 Aswinbhai
Vasudevbhai Dave runs into more than four pages indicating all the details
C and in this statement, it is mentioned that Pushpaben, on the instigation of
her father, had poured kerosene oil on his body. Pouring of kerosene oil and
lighting of matchstick appears to be central theme of the prosecution case.
But it is not to be found in the 'statement said to be given to Dr. Kolte. The
last and incomplete statement was recorded at 3.10 P.M. and he died after
sometime thereafter. In this it is indicated that Pushpaben Dahyabhai has
D sprinkled kerosene oil on him.

So far the law regarding dying declaration is concerned, on behalf of
the appellants, learned counsel for the appellants placed reliance upon some
cases. In [2001] 5 SCC 254 Uka Ram v. State o£Rajasthan, the Court observed
E "it has always to be kept in mind that though a dying declaration is entitled
to great weight, yet it is worthwhile to note that as the maker of the statement
is not subjected to cross-examination, it is essential for the court to insist that
the dying declaration should be of such nature as to inspire full confidence
of the court in its correctness. The court is obliged to rule out the possibility
of the statement being the result of either tutoring, prompting or vindictive
F or a product of imagination. Before relying upon a dying declaration, the court
should be satisfied that the deceased was in a fit state of mind to make the
statement."

As reference has then be made to the decision reported in [1999] 7 SCC
695 Paparambaka Rosamma and Ors. v. State of Andhra Pradesh. In this
G case the deceased had received extensive bum injuries to the extent of 90%.
The prosecution case solely rested on the dying declaration. It was observed
that it was necessary to ensure that the statement was genuine and it was
recorded when the injured was in a fit state of mind. The certificate, which
was appended by the doctor in the end of the dying declaration, was that the
H injured was conscious at the time of recording of her statement, but there was
RAMILABEN HASMUKHBHAI.KHRISTI v. STATE [BRIJESH KUMAR, J.] 545

no certificate to the effect that she was "in a fit state of mind to make the A
statement''. It has been held that Without medical certificate about mental
fitness of the maker of the dying declaration, it would be very risky to accept
the said manuscript. The subjective satisfaction of the Magistrate, recording
the dying declaration, to the following effect :

"On the basis of answers elicited from the declarant to the above B
questions I am satisfied that she is in a fit disposing state of mind to
make a declaration." was not considered acceptable in absence of
certificate by the doctor about mental fitness to make statement who
had only indicated that the declarant was conscious while making the
statement.
c
In [2001) 6 SCC I 18 Laxmi (Smt.) v. Om Prakash and Ors.. this Court
deprecated the practice of the police officers recording the dying declarations
except where the condition of deceased was so precarious that no. other
alternative was left. The dying declaration is supposed to be recorded by a.
Magistrate. It is further observed that number of declarations nor the length D
of the statement is the factor to be taken into account to rely upon them. The
main test is the mental and physical fitness and capability cif the declarant
to make the statement. In all there were five dying declarations in the case
including those recorded by the Magistrate, but i.t only contained a statement
of the declarant in the end to the effect that he had given the statement in
his full consciousness and senses. E
Yet another case refeired to is reported in [2002) I. SCC 577 Panchdeo
Singh v. State of Bihar, it has been held that it is necessary to have the
\
certificate of the doctor regarding the tit state of mind of the deceased to make
the declaration. The Magistrate recording his. own satisfaction about the fit
mental condition of the declarant was not acceptable particularly when the F
doctor was available.

Under the I.aw, dying declaration, can form sole basis of conviction, if
it is free from any k.ind of doubt and it has been recorded in the manner as
P,rovided under the law. It may not be necessary to look for corroboration of G
the dying declaration. As envisaged, a dying declaration is generally to be
recorded by an Executive Magistrate with certificate of a medical doctor about
the mental fitness of the declarant to make the statement. It may be in the form
of qu~stion and answer and the answers be written in the words of the person
making the declaration. But Court cannot be too technical and in substance
if feels convinced about the trustworthiness of the statement which may H
546 SUPREME COURT REPORTS [2002) SUPP. 1 S.C.R.

A inspire confidence such a dying declaration can be acted upon, without any
corroboration.

In t.he case in hand the injured Pragnesh Kumar was brought to civil
hospital, Kheda on 15.2.1992 at about I 0.00 a.m. Before recording the injuries,
PW-2 Dr. Kolte noted the history of the burn as indicated earlier. It only says
B that injured was passing on a public road, when persons living in the lane,
who are named, rounded him and sprinkled kerosene on his body and set him
ablaze. Thereafter the last line of Exh. 4 7 reads as under:

. "Patient conscious. Police station informed for DID"
r
C The doctor thus had already taken steps for recording of the dying declaration
yet preferred to record the statement without waiting for the police to arrive
or the Magistrate to come for recording the dying declaration. The certificate
about the condition of the patient only says that he was conscious. There
I-
is nothing about his mental fitness. Thereafter the next dying declaration
\
D Exh.29 was recorded later by PW-I V.R. Toliya PSI Kheda Police Station. In I

his statement in the Court he has deposed that while leaving for civil hospital,
Kheda from the Police Station, he .had instructed PSO to request the Executive
Magistrate Kheda to record dying declaration of Pragnesh Kumar and he had
handed over all papers to Head Constable Ganpat Singh of Matar Police
Station. Despite the instructions given for getting the dying declaration
E recorded by the Magistrate, he proceeded to record the dying declaration
again without waiting for the Executive Magistrate to come and record the
same. The statement recorded by PW-I V.R. Toliya Exh. 29 bears endorsement
of Dr. Kolte to the effect "conscious during statement is recorded before me,
both palms burnt so unable to sign". 'This Certificate is signed by Dr. Kolte
p on I5.2.92 at I0.50 a.m. There is however some over-writing over the figure
'50' while tecording the time I 0.50 a.m. It may however be not very significant
to go into further details in respect thereof. About the contents of Exh.29, the
dying declaration, it has. already been indicated in the earlier part of this
judgment that thei:e are some such detail which hardly seem to be related to
the·. incident. It makes repetitions also and1 also takes due care. to make it
G b~iievable. ~y stating th~t he' was ~onscious while making the statement and
wh~~~ver has. been stated ''.above" is true and correct and further says that
he puts h~s .thumb impression. It is to be found in this statement that the fact .;-
has been introduced that P,ushpaben had sprinkled kerosene oil on him and
he was burnt with so~~ matchstick. In the end the statement sums up by
H stat~~g "TJ;lus t~e afq~~~~i4 persons with conspiracy in relation to my love
RAMILABEN HASMUKHBHAI KHRISTI v. STATE (BRIJESH KUMAR, J.l 547
affairs with Pushpa rounded up me and sprinkling the kerosene, have set me A
ablaze with an intent to kill me and there is no other cause". Needless to
observe again that this is the statement recorded by a Police Sub-Inspector
after having instructed to the PSO for getting the dying declaration recorded
by an Executive Magistrate. With passage of time since after the injuries were
received by Pragnesh Kumar, the statement becomes more lengthy and detailed.
There is no certificate of mental fitness by the doctor. B

The statement recorded by P.W.3 Executive Magistrate, A.V. Dave is
Exh.58. He received information to record the dying declaration on I 5.2.92 at
I0.35 a.m. He reached the hospital and met the doctor at I 1.05 a.m. He
enquired from the doctor whether the patient was conscious or not and on C
being told that he was conscious he proceeded to record his statement. It is
the statement recorded in four and a half pages. It is for the first time indicated
that he was beaten by those who surrounded him but no injuries were found
either by Dr. Kolle or by the doctor performing the post-mortem examination.
Yet another deviation is that Pushpaben on instigation of her father had
poured kerosene oil on his body. Initially he had not named Suleman Daud, D
Daud Shiva Mariamben Ashabhai and Gerson Yakubhai as accused in his
statement. Other noticeable things have already been indicated in the earlier
part of this judgment. The statement was recorded for more than 35 minutes.
No certificate of any doctor about mental fitness of Pragnesh Kumar to make
such a statement is appended in the dying declaration. Time and again there E
is repetition on the part of the injured indicating that he was conscious and
he was declaring the truth. It is highly doubtful that he could give such
lengthy statements with the language used.

Apart from the above noted three statements, there is one more statement
recorded by a Magistrate PW· 7 Patel Suryakantbhai. He is an Executive F
Magistrate at Ahmedabad who recorded the dying declaration at V.S. Hospital,
Ahmedabad. But this statement is incomplete as after answering a few
questions, Pragnesh Kumar was not able to speak. The time of recording of
this statement is 3.30 p.m. The Magistrate in his statement deposed that the
injured was not replying the question and he .was made to understand the G
same. He had to explain the questions frequently, sometimes for about 15
times. The mental state of the injured can well be understood by the fact that
he had to be explained the question, as many as about 15 times before
eliciting any reply. The Magistrate himself noted that the dying declaration
was written to the extent the injured dictated and spoke in state of his
consciousness. It also does not bear any endorsement or certificate of the H
548 SUPREME COURT REPORTS [2002] SUPP. 1 S.C.R.

A doctor about the mental condition of the injured as to whether he was fit or
not to make a statement. This statement also a scribes the role of sprinkling
of kerosene oil upon his body by Pushpaben. It is also noticeable that he tells
that at the time of incident, his Bhabi was at the house. The four dying
declarations recorded by the doctor, the police inspector and the two
B Magistrates have been discussed in some detail above. None of these dying
declarations contains any certificate by the doctor about the mental fitness
of Pragnesh Kumar to make a statement although doctor was always available.
In two dying declarations it is only indicated that he was conscious. No
amount of subsequent statement of the doctor can supplement the endorsement
of Certificate while recording the dying declaration. The first two statements
C have been recorded in quick succession without waiting for the Magistrate
to arrive even though steps had been taken for recording of the dying
d.;;claration by the Magistrate who actually got the message at about 10.30
a.m. and had contacted the doctor at the hospital at 11.05 a.m. There are
deviations from statement to statement consistency is conspicuously missing
The first dying declaration recorded by Dr. Kotte does not say about
D Ptishpaben sprinkling the kerosene oil. Eight or nine persons living in the lane
are said to have surrounded him but who sprinkled oil and who lighted the
matchstick is not stated. In view of the decisions of this Court referred to
above, it may not be possible to base the conviction on the sole basis of
dying declarations. There is no eyewitness to the incident. In two dying
E declar~tions ·he had stated about being beaten by accused per.sons but no
such .injuries are found in any report.

In view of our conclusion regarding dying declarations, we do not think
it would at all be necessary for us to dwell into the controversy about the
conduct of the investigation by PW-3 Kumpawat according to whom he was
F informed that the incident occurred at the house of Pragnesh Kumar. Ramilaben
denies that she was ever contacted by the police in connection with the
investigation of the case or to have shown the place of occurrence though
in her statement in the Court as a Court Witness she says that she had seen
·Pragnesh Kumar burning from the Verandah of the house of Pushpaben and
G that Pushpaben and her mother were pushing him out. In the last dying
declaration Pragnesh Kumar said about presence of his Bhabi at home. Nor
do we find it necessary to go into the question about the yadis and vardhis
or telephonic message said to be given by Dr. Kolte to the effect that
Pragnesh Kumar received injuries while he was warming himself around the
fire. It is also not necessary to refer to the reports and statements given by
H father of Pushpaben to the authorities and the police where it was indicated
RAMILABEN HASMUKHBHAI KHRISTI v. STATE [BRIJESH KUMAR, l.] 549

that on some earlier occasions also on account of his affairs with Pushpaben, A
he tried to commit suicide. Such statements have been placed on record as
Exh.67 and 69. It may also be noticed that Pushpaben along with a few others
have already been acquitted and she had been assigned a specific rote of
sprinkling kerosene oil on Pragnesh Kumar although it is not be found in the
statement given to Dr. Kolte.
B
Looking to all the facts and circumstances of the case as indicated
above, we are of the view that it is not a case in which conviction can be
recorded only on the basis of dying declarations which fail to inspire
confidence. No other corroboration is coming forth from any comer. Even the
trial court had held that it was satisfied that A-7 Gersombhai Yakubhai and C
A-9 Mariyamben Ashabhai are falsely implicated in the case. It is also observed
that the dying declarations of Pragnesh Kumarare not acceptable regarding
their involvement.

In the result the prosecution story as put forward does not inspire
confidence on the basis of the material placed on record. All the t:uee appeals D
are therefore allowed and the conviction and sentence passed against the
appellants are set aside. They shall be set free forthwith· unless wanted in any
other case.

S.K.S. Appeals allowed.
E

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