SHEKH RAM YADAV Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.6.1997 passed by Session Judge, Raipur in Session Trial No.392/1996. By the impugned judgment, accused/appellant Shekh Ram Yadav has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life.

(2.) Case of the prosecution, in brief, is as under:

(3.) Smt. Renu Kochar and Shri Abhay Tiwari, learned counsel for the appellant argued that the case of the prosecution is based on the oral dying declaration, which is unreasonable and unreliable. According to Purshottam (PW1), they first went to police station, thereafter, they went to the hospital, but no intimation was given in the police station. The deceased was admitted in the hospital in burnt condition. At the time of admission of the deceased in the hospital, no intimation was sent by the hospital to police. The hospital sent intimation to police only after death of the deceased in the hospital. Learned counsel further argued that the First Information Report (Ex.P17) was recorded at belated stage and no explanation is offered by the prosecution for this delay. Therefore, these facts create a doubt on the case of the prosecution. Learned counsel submitted that the death of the deceased appears to be accidental. The prosecution failed to establish its case. Hence, the appellant deserves to be acquitted of the charge framed against him.