(1.) MURARI Lal in this appeal impugns his conviction under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of his wife Sansarwati on 27th September, 2004. He has been sentenced to Life Imprisonment and to pay a fine of Rs.10, 000/-. In default of payment of fine, he will undergo Rigorous Imprisonment for three months.
(2.) IT is not disputed that Sansarwati was the wife of the appellant and they have five children. They were married for thirteen years.
(3.) ON the question of dying declaration, statement of PW-2, Soudan Singh, brother of the deceased, PW-13, Dr. Ritu Saxena, who had recorded the Medico Legal Report (MLC), and SI Praveen Kumar, PW-18 are relevant. We may notice that the trial court has disregarded the dying declaration recorded by PW-18, SI Praveen Kumar, and Exhibit PW-18/A. This aspect has been examined in the paragraphs below.