NIRMALA BAI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant is aggrieved by the judgment dated 31st of March, 1998 passed in Sessions Trial No. 1/97 by the Second Additional Sessions Judge, Durg, whereby she has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life. The facts, briefly stated, are as under:--

(2.) Mr. T.K. Tiwari, learned Counsel appearing on behalf of the appellant, has argued that the written dying declaration (Exh. P-1) was not reliable; it does not bear the certification of the Doctor; the deceased had sustained 90% to 100% burn injuries; she may not be in a fit mental condition to give the dying declaration; the other 3 dying declarations also appear to be suspicious. He cited the decisions of State of Madhya Pradesh Vs. Dal Singh and others, 2013 CrLJ 2983 and Jagga Singh Vs. State of Punjab, 1994 2 MP WN 224 (SC).

(3.) On the other hand, Mr. Ashish Shukla, learned Govt. Advocate appearing on behalf of the State, has opposed these arguments and supported the judgment passed by the Sessions Court. He also cited many decisions, including Laxman Vs. State of Maharashtra, 2002 6 SCC 710.