SATYA NARAIN AND ANR. Vs. STATE

JUDGEMENT

(1.) APPELLANT Kamal Kishore has been convicted for the offences punishable under Section 302 and Section 498 -A IPC. He has been sentenced to imprisonment for life and pay a fine in sum of Rs. 5,000/ -; in default of payment of fine to undergo simple imprisonment for six months for the offence of murder. He has been sentenced to imprisonment for three years and pay a fine in sum of Rs. ,000/ -; to undergo simple imprisonment for three months in default of payment of fine for the offence punishable under Section 498 -A IPC. His parents i.e. the appellants of Crl. Appeal No. 114/2001 have been convicted for the offence punishable under Section 498 -A IPC and have been sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. ,000/ -; in default to undergo simple imprisonment for three months. The sentences imposed upon appellant Kamal Kishore have been directed to run concurrently.

(2.) LEARNED Counsel for the appellants and the State submit that pertaining to the charge of murder, the fate of appellant Kamal Kishore has to be decided with reference to the three dying declarations made by the deceased Sanjana W/o Kamal Kishore. Whether the convictions of the appellants for the offence punishable under Section 498 -A IPC can be sustained would depend upon the second and the third dying declaration made by Sanjana and the testimonies of her father PW -5 and her brothers PW -4 and PW -6.

(3.) IT is not in dispute that Sanjana suffered burn injuries in her house at around 9.30 AM on 1.6.1998. At 9.35 AM vide Ex.PW -19/A lady Const. Prabha PW -19, then posted in the police control room recorded the information that an informant had informed on the number 100 that a girl named Sanjana W/o Kamal Kishore had caught fire while cooking food on a stove.