MANGE RAM Vs. STATE

JUDGEMENT

(1.) Ranbir Singh was a Head Constable in the Delhi Police. He used to live with his wife Somwati in village Lado Sarai in the house owned by his father-in-law Mange Ram. On the fateful day of March 15, 1984 at about 8 30 p.m. while he was in the said house he received 86% burn injuries. He was rushed to Safdarjung Hospital where, on March 19, 1984 he went to eternal sleep. As per the post portem report it were the burn injuries which had let to toximia and septicemia resulting in the death.

(2.) The prosecution claimed that it were Mange Ram and Somwati who, in furtherance of their common intention, had committed the murder by sprinkling kerosene oil and setting Rambir Singh ablaze. The learned Addl. Sessions Judge, who tried them, found himself in agreement with the prosecution. He convicted and sentenced them to undergo imprisonment for life under Section 302 read with Section 34 of the Indian Penal Code. Needless. to say both Mange Ram and Somwati have found the judgment of conviction and the order of sentence unpalatable. Hence this appeal.

(3.) The entire edifice of the prosecution is founded on two dying declarations made by the deceased. One before Dr. V.K. Tewari of the Safdarjung Hospital (Public Witness -5) who bad examined him on March 15, 1984 at 9.10 p.m. and the other recorded by ASI Harpal Singh (Public Witness -24) the same day at about 10.30 p.m.