LAWS(DLH)-2003-4-78

VIJAY LAXMI Vs. STATE OF DELHI

Decided On April 03, 2003
VIJAY LAXMI Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) This bail application has been filed on behalf of Mrs. Vijay Laxmi appellant No. 1 (wife of Jagat Narain appellant No. 2) and Jagat Narain-appellant No. 2.

(2.) Learned counsel for the appellants has pointed out that there are four dying declarations in this case. Two dying declarations were made by the deceased before the doctor. In both the dying declarations, there is no reference of both the appellants, namely Mrs. Vijay Laxmi and Jagat Narain.

(3.) Mr. Thakur further submitted that even in the dying declaration made before the Investigating Officer, name of Mrs. Vijay Laxmi is also not mentioned. In the said dying declaration it is mentioned that Jagat Prasad was seen by deceased, during the incident. In the dying declaration made by deceased before the Executive Magistrate names of Mrs. Vijay Laxmi and Jagat Narain have been mentioned. The deceased further stated that she could see only a man with Pajama, who had poured kerosene oil on her. She further stated that only Raj Kishan had worn Pajama. Prima facie we find inconsistency In these various dying declarations made by the deceased.