BALKRISHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 16th February, 1996 passed by the high Court of Madhya Pradesh, Bench at indore in Criminal Appeal No. 83/89 appellant accused has filed this appeal. By the impugned judgment and order the High Court set aside the judgment and order dated 15.10. 88 passed by the Sessions Judge, Indore in Session Trial No. 320/87 and convicted the accused for the offence punishable under Section 302 of Indian Penal Code.

(2.) After considering the entire evidence the High Court arrived at the conclusion that the judgment and order passed by the Sessions judge was totally unreasonable and there was no reason to discard the dying declaration recorded by PW 9 Om Prakash Pagare the Executive magistrate/naib Tehsildar. The relevant part of dying declaration is as under :

(3.) This dying declaration was recorded when the deceased was fully conscious as stated by PW 57 Dr. A. S. Vishnar. To the same effect there is a dying declaration recorded by the investigation Officer. Apart from these two written dying declarations there was an oral dying declaration as stated by PW 3 Rozi sister of the deceased. The Court also considered the fact that the accused was having burns injuries and that he had not taken the deceased in the hospital after she got the burns. Considering the evidence on record, it cannot be said that the High Court has committed any error in convicting the accused for the offence punishable under Section 302 of the Indian Penal code. In the result, the appeal is dismissed. Appeal dismissed.