RAJENDRA NARANG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 30-3-2006 passed in Sessions Trial No.265/2005 by 14 th Additional Sessions Judge (FTC), Raipur (CG). By the impugned judgment, the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.2,000/- with default sentence of R.I. for 6 months.

(2.) The facts, briefly stated, are as under:

(3.) Mr. Abhijeet Sarkar, counsel appearing on behalf of the appellant has argued that the certificate about the fitness of the deceased was given by Dr. Krishna (PW-15), who was a PG Student in Surgery, therefore, it was not sufficient and the dying declaration became suspicious. He also argued that the Sessions Judge fell into error in not accepting the version of the 3 defence witnesses who had stated that the deceased had made oral dying declaration before them that the fire accidentally caught her saree while burning the chimney.