DEVA ALIAS DEVARAJAN Vs. STATE

JUDGEMENT

(1.) THE appellant in this appeal stands convicted in S.C. No.561/00 on the file of the Court of Sessions, Chennai, under Section 302 IPC, for which he is charged, tried and convicted to undergo imprisonment for life together with a fine of Rs.1,000/= carrying a default sentence. Hence, he is before this Court in this appeal.

(2.) HEARD Mr. R. Shanmugam, learned senior counsel appearing for the appellant and Mr. N.R.Elango, learned Addl. Public Prosecutor appearing for theState.

(3.) ON the requisition from P.W.12, P.W.11, the 23rd Metropolitan Magistrate, reached the hospital and after ascertaining the fit and conscious statement of mind of the deceased by putting questions to her and in the presence of the doctor, P.W.8 he recorded the judicial dying declaration of the deceased. P.W.8 is the doctor, who certified at the foot of the dying declaration that the injured Kalpana was conscious throughout the recording of the said statement. The said dying declaration of the deceased given to P.W.11 is marked as Ex.P-12.