SAMPAT Vs. STATE

JUDGEMENT

(1.) A short question arises for consideration in the instant appeal which lays a challenge to the judgment and order dated 9. 2. 2001. The appellants have been convicted for the offence of having poured kerosene oil on Smt. Rajni, wife of lokesh Kumar and thereafter setting her on fire. The resultant burn injuries have admittedly resulted in the death of the deceased, a finding so recorded in the post-mortem report Ex. PW-11/e of the deceased.

(2.) THE short question is: whether the statement ex. PW-4/a made by the deceased and recorded by Sh. I. S. Dahiya PW-14, then working as the SDM Saraswati Vihar, can safely be treated as the dying declaration of the deceased and can it form the basis of the conviction of the appellants?

(3.) SUFFICE would it be to note that Rajni was removed to Jai Prakash Narayan hospital by HC Ram Niwas and was removed from the first floor from House no. M-57, Mangol Puri and was admitted at the hospital at 3:50 PM on 9. 7. 1998, a fact recorded in the MLC Ex. PW-15/a of the deceased.