UKA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Solely relying upon the dying declaration of Parveena, the deceased, the trial Court held the appellant guilty for the murder of his wife and daughter Kumari Dharmistha aged 16 months. Upon conviction for the offences under Sections 302, 326 and 498-A of the Indian Penal Code, the appellant was sentenced to imprisonment for life for the main offence. Appeal against the aforesaid conviction and sentence was dismissed by the High Court vide judgment impugned herein.

(2.) The facts of the case are that on the intervening night of 6/7th May, 1994, Nonji (PW-1) submitted a complaint before the incharge of the police station Bheenmal to the effect that when he was at the Chakki of Tararam at about 11-30-12.00 in the midnight he heard voice raising the noise saying "Mare mare" from the side of the house of the appellant. On hearing the noise, the informant came out from the Chakki and saw Smt. Parveena, wife of appellant in blazes rushing out from her house. She tore her clothes and was sitting in naked position. After sometime the appellant also came out of his house. On being asked Parveena told that the appellant had burnt her by sprinking kerosene oil. After registering the case under Sections 324 and 498-A, I.P.C, the police commenced the investigation. Parveena who was admitted in the hospital died on 8-6-1994 and the daughter of the appellant died on 2-7-1994 whereafter the offence was changed to Section 302, I.P.C.

(3.) To prove its case, the prosecution examined 21 witnesses at the trial, most of whom turned hostile and did not support the case of the prosecution. Before her death the deceased had made dying declarations Exhibit P-20 which was recorded by the police at about 3.30 a.m. and Exhibit P-27 which was recorded by Judicial Magistrate at 3.55 a.m. on 7-5-1994. The oral dying declarations, allegedly made by the deceased, were sought to be proved by the testimony of PWs 1, 2, 3, 4 and 5. PWs 1, 2, and 4 have not supported the prosecution.