NARAIN Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) THIS appeal relates to a small dispute with very serious and painful consequences wherein a mother (Sunderi Devi) lost one of her sons (Hari Prakash) whereas the other (Sri Narain) and his wife (Smt. Savita) were sentenced to imprisonment for life for committing murder of deceased Hari Prakash.

(2.) FIR No.512/1992 on the basis of which the appellants faced trial for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) in Sessions Case No. 146 of 1996 was registered on the statement of deceased Hari Prakash, which the Trial Court (the Additional Sessions Judge) treated as a dying declaration. Believing the same to be true and voluntary, the ASJ relied on the same and held that the appellants shared a common intention to commit the murder of the deceased with one Late Surat Singh @ Bunty who was the brother of appellant Savita.

(3.) IT is apparent from the MLC as also from the endorsement Ex.PW - 2/C made by SI Balbir Singh on the statement Ex.PW -2/B made by deceased Hari Prakash that immediately after the incident, the deceased was removed to Deen Dayal Upadhyay (DDU) Hospital. SI Balbir Singh obtained the fitness certificate from the doctor to record the statement of the deceased.