RAJ PAL Vs. STATE

JUDGEMENT

(1.) The prosecution case that Raj Pal (the appellant herein) sprinkled kerosene oil on his wife Nirmala during the night 25th-26th August, 1983 and burnt her, has been found to be established by the Addl. Sessions Judge, New Delhi vide his judgment of 8th May, 1985. Nirmala expired on 27th August, 1983. The appellant who has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment, challenges the findings of the trial court in this appeal.

(2.) As per the prosecution case, Nirmala made as many as six declarations which have to be considered as "dying declarations". These six declarations can be divided into two sets ; one set of declarations exonerates the appellant herein and the other set, completely implicates him. The learned trial court after noticing the facts of the case in detail, has rejected those declarations which exonerated Raj Pal, the appellant herein.

(3.) We may notice that one of the declarations was recorded by a local Magistrate. In that statement, Nirmala stated that her husband Raj Pal had sprinkled kerosene oil on her and thereafter burnt her. This statement was recorded by the Magistrate after Dr. A.S.N. Rao of the Safdarjung Hospital had declared Nirmala fit to make a statement. The statement made to him (i.e" the Magistrate) was recorded in Hindi, the language spoken by Nirmala. The translation of that statement (Ex. Public Witness .-2/B) reads :