6.6 The learned Additional Public Prosecutor for the appellant – State has much emphasized upon the Dying Declaration of the deceased. It is a settled legal position that conviction can be awarded solely on the basis of a Dying Declaration, however, subject to the same being reliable, trustworthy and authentic. It is also a settled legal position that, simultaneously, the Court concerned has to examine the surrounding circumstances and the contents of the Dying Declaration. In the case on hand, indisputably, after about 40 days of the incident in question, on 06.02.2005, during treatment in the hospital, the deceased had died. A man of prudence can very well say that under such a critical condition, the victim would prefer to inform about the cruelty and harassment being meted out to her, however, in the instant case, the deceased has not informed either her mother or her brother or her husband anything about the cruelty and harassment to her by the respondents – accused. It is pertinent to note that for about 40 days, the deceased had undergone treatment in the hospital, however, surprisingly, there comes nothing on record to suggest that the deceased had informed any of her relatives about harassment to her by the respondents. Further, as referred herein above, all the three witnesses (the mother, the brother and the husband of the deceased) have been declared as hostile at the instance of the prosecution. Besides, if Vardhi given by Assistant Sub Inspector Shri Kalubhai, at the instance of Dr. Amit Bhatnagar of Sheth Shri V. S. Hospital, Exh. 40 for preparing Inquest Panchnama, is referred to, it is narrated therein that the deceased had died due to burn injuries sustained while cooking. Accordingly, when the fact of cruelty and
