SURESH KAMBLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th of August, 1995 passed in Session Trial No. 474/93 by the First Additional Session Judge, Durg. By the impugned judgment, the appellant has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life. The facts, briefly stated, are as under :-

(2.) The learned Session Judge relied on the dying declaration of the deceased and held that it was proved beyond all reasonable doubts that the appellant put the deceased on fire due to which she sustained above burn injuries and succumbed to those injuries.

(3.) Mr. Rajesh Jain, learned counsel appearing on behalf of the appellant, argued that the dying declaration was not reliable; it does not bear the signature or thumb impression of the deceased; the appellant had also sustained burn injuries; the deceased had received 100% bums, therefore, she may not be in fit mental condition to give dying declaration; the decease while going to the hospital, made oral dying declaration before Abdul Hamid (PW-4) that she received burn injuries on her own; this declaration she also made before Dr. S.C. Agrawal (PW-3) who firstly examined her and admitted her in the hospital; there are discrepancies in the time written in the dying declaration which itself would show that the dying declaration was not genuine.