SHIV KUMAR Vs. N C T OF DELHI

JUDGEMENT

(1.) SHIV Kumar challenges the judgment dated October 31, 2000 convicting him for the murder of his wife Kamlesh and son Ashu and the order on sentence dated November 06, 2000 directing him to undergo imprisonment for life and to pay a fine of Rs.5,000/ - and in default of payment of fine to undergo simple imprisonment for one year.

(2.) LEARNED Amicus Curiae for Shiv Kumar assails the judgment on the ground that the dying declaration of the deceased was clearly an afterthought. The deceased not only committed suicide but also burnt her child in her lap and implicated the appellant which version is supported by the statement of the child Ashu before the doctor and deposition of an independent witness Phoolwati Verma, DW -1, a neighbour. The version of the parents of the deceased cannot be relied upon for convicting Shiv Kumar for offence under Section 302 IPC as they were not present at the spot. Assuming that Shiv Kumar was in the habit of consuming liquor and quarrelling with the deceased, the same is not sufficient to convict Shiv Kumar for offence punishable under Section 302 IPC as the circumstances proved otherwise.

(3.) LEARNED APP for the State on the other hand rests the prosecution case on the dying declaration of Kamlesh recorded vide Ex.PW -28/A on the basis of which the case of the prosecution stands proved beyond reasonable doubt.