DHANVINDER SINGH Vs. STATE

JUDGEMENT

(1.) Holding that the statement Ex.PW-8/C made by Sonia before her death to Sh.Pramod Kumar PW-8, SDM P.S.Patel Nagar was truthful and without a blemish and accepting the same as Sonia's dying declaration the learned Additional Sessions Judge has convicted Dhanvinder Singh, husband of Sonia, for the offence punishable under Section 302 IPC. Holding further that the testimony of Mandeep Kaur, PW-1, Janak Singh PW-4 and Harish Kumar PW-13 was trustworthy, Dhanvinder Singh has been convicted for the offence punishable under Section 498-A IPC.

(2.) The verdict of guilt is as per decision dated March 11, 2011. Vide order on sentence dated March 16, 2011, Dhanvinder Singh has been sentenced to undergo imprisonment for life for the offence of murder and to undergo R.I. for three years for the offence punishable under Section 498-A IPC.

(3.) Dhanvinder questions the verdict of guilt urging that when Sonia made her statement Ex.PW-8/C she was not fit to make a statement and that no witness of the prosecution has spoken that the endorsement on Ex.PW- 22/B ostensibly recording that Sonia was fit for statement was made by any doctor. Neither the doctor concerned has been examined nor anybody familiar with the writing of the doctor concerned has been examined. Further, learned counsel urged that there is evidence of Sonia's maternal uncles and the wife of one of them meeting Sonia before her statement was recorded and thus it is apparent that Sonia was pressurized to make the statement. Concerning Janak Singh's claim that through her mobile number 9953567155 Sonia spoke to him on his mobile number 9213404567, learned counsel urged that from the testimony of Manish Kumar Chugh PW-6, Nodal Officer of Tata Tele Services it was clear that mobile number 9213404567 was owned by one Brij Mohan Sharma. Thus, counsel urged that the learned Trial Judge wrongly opined that Sonia's dying declaration Ex.PW-8/C was corroborated with evidence aliunde.