STATE OF RAJASTHAN Vs. BHUP SINGH

JUDGEMENT

(1.) The respondent's wife (Mst Chawli) was shot dead on 20/7/1985 while she was sleeping in her house. Respondent Bhup Singh was alleged to be the killer. The police, after investigation, upheld the allegation and challaned him. Though the Sessions court convicted him of murder, the High court of Rajasthan acquitted him. This appeal has been filed by special leave by the State of Rajasthan in challenge of the aforesaid acquittal.

(2.) The prosecution case is a very short story: Chawli was first married to the respondent's brother who died after a brief marital life. Thereafter, Chawli was given in marriage to the respondent, but the new alliance was marred by frequent skirmishes and bickerings between the spouses. Chawli was residing in the house of her parents. The estrangement between the couple reached a point of no return and the respondent wished to get rid of her. So he went to her house on the night of the occurrence and shot her with a pistol. When he tried to use the firearm again, Chawli's father who had heard the sound of the first shot rushed towards him and caught him but the killer escaped with the pistol.

(3.) Chawli told everybody present in the house that she was shot at by her husband Bhup Singh. She was taken to the- hospital and the doctor who attended on her thought it necessary to inform a Judicial Magistrate that her dying declaration should be recorded. Pursuant to it Public Witness 5, Bhagwan Singh, who was a Judicial Magistrate of first class, Alwar, went to the hospital and recorded her dying declaration. At 2.30 p. m. she breathed her last. The police registered the case on the basis of a statement recorded from Bhajan Lal, a neighbour. On 22/7/1985, the respondent was arrested in connection with another criminal case and on the strength of the information elicited from him the police recovered Article 4 the pistol.