RAMSHARAN RAMVAGAS LOHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16-11-1995 passed by the Additional Session Judge, Sakti, District Bilaspur, Camp Janjgir in Session Trial No. 338/93. By the impugned judgment, appellant Ramsharan has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. Case of the prosecution, in brief, is as under:

(2.) Shri Abhay Tiwari, learned counsel for the appellant argued that the finding of guilt recorded on the basis of oral dying declaration is unreasonable and not reliable. It was not proved beyond reasonable doubt. He further argued that the deceased was unconscious and he was not in a position to lodge First Information Report or narrate about the occurrence to anyone. Therefore, the evidence of oral dying declaration is not reliable. Tirithbai (PW-3) and Ghasiyaram (PW-4) are interested witnesses, hence, their testimonies are not reliable. The finding recorded by the learned Additional Session Judge for convicting the appellant under Section 302 of the Indian Penal Code is unsustainable.

(3.) Per contra, Shri Ashish Shukla, learned Government Advocate for the State/respondent, supporting the impugned judgment, argued that the prosecution witnesses are natural witnesses. Their testimonies are wholly reliable. The oral dying declaration made by the deceased before his wife and brother is reliable. He also argued that the First Information Report (Ex.P-18) can also be treated as dying declaration and can be admitted as evidence for conviction of the appellant.