MANGAT RAM Vs. STATE

JUDGEMENT

(1.) This is an appeal arising out of the judgment ofconviction and sentence passed by Shri J.D. Kapur, Additional District Judge on22.10.1988 convicting the appellant-accused for an offence under Section 302 of theIndian Penal Code (for short 'the Code) and sentencing him to undergo lifeimprisonment and to pay a fine of Rs. 1,000.00 and in default 6 months R.I.

(2.) The appellant-accused was charged for having committed murder of hiswife Smt. Veena on 26.1.1985 by sprinkling kerosene oil on her and then setting heron fire.

(3.) The judgment of conviction is based upon three dying declarationsalleged to have been made by Smt. Veena-the first given to Dr. P.S. Bhandari, PW8, which has been recorded by him in the Medico-Legal Certificate, Ext. Public Witness 8/A;the second is. the statement, Ext. Public Witness I/B, made to S.I. Ajit Singh, Public Witness 21, on thebasis of which FIR for an offence under Section 307 of the Code was registered;and the third is Public Witness 18/C the statement recorded by Public Witness 18, Shri M.K. Gupta,Metorpolitan Magistrate. All the statements are of the same date, namely,26.1.1985.