DEVENDRA KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 3-1-2003 passed by the Sessions Judge, Rajnandgaon, in Sessions Trial No. 172/2001, whereby & whereunder learned Sessions Judge after holding the Appellant guilty for commission of culpable homicide amounting to murder of Malti Bai, convicted the Appellant under Section 302 of the I.P.C. and sentenced him to undergo imprisonment for life.

(2.) Conviction is impugned on the ground that without any clinching evidence relating to reliability of dying declaration, the Court below has convicted & sentenced the Appellant as aforementioned and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that on the fateful day of 28-9-2001 at about 10 a.m. at Village Doomardih near pond, the Appellant assaulted deceased Malti Bai with knife and caused serious injuries. Malti fell on the land and became unconscious. Husband of injured Malti namely, Madan Lal Sahu (PW-1) took her in the house and to the Police Station and lodged F.I.R. vide Ex.P-1. Malti was immediately sent for medical aid to Government Hospital, Churia and she was examined by Dr. S.K. Ahuja (PW-14) vide Ex.P-26 who found following injuries: