SURESH PAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.10. 1994 passed by the Additional Sessions Judge, Manendragarh in Sessions Trial No.203/93, whereby the appellant has been convicted under Sections 302 and 498A of the Indian Penal Code and sentenced to undergo imprisonment for life. No separate jail sentence has been awarded to the appellant for the offence under Section 498A of the Indian Penal Code.

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

(3.) Smt. Savita Tiwari, learned counsel appearing for the appellant argued that the dying declaration (Ex.P2) recorded by R.R.Meshram, Naib-Tahsildar/Executive Magistrate (PW11) is not reliable. According to medical evidence, the deceased had sustained burn injuries to the extent of 75-80% and she was not in a position to make any statement. Learned counsel has further argued that .the deceased died after 12 days of the incident, therefore,, the dying declaration (Ex.P2) made by her is not conclusive. She further argued that the deceased's mother Phoolkunwar (PW1) and father Tanguram (PW2) are interested witnesses, therefore, their testimonies are not reliable. The finding recorded by the learned Additional Sessions Judge for convicting the appellant under Sections 302 and 498A of the Indian Penal Code is unsustainable.