ARUN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANT Arun Kumar alias Kalu Ram son of Sant Ram has preferred this appeal against the order dated 21 -12 -1981 passed by the then VI Addl. Sessions Judge, Meerut in Sessions Trial No. 425 of 1980 whereby the appellant has been convicted under Section 394, I.P.C. and sentenced to undergo 5 years RI and under Section 302, I.P.C. with the sentence of imprisonment for life. Both the sentences are to run concurrently.

(2.) THE deceased of this case was Smt. Amarjeet Kaur. Till 1978 her husband Sardar Joginder Singh had been in service in Jaswant Sugar Mill and he had been provided quarter No. 15 -B within the mill campus. He has two grown up sons. Dunng the relevant days one of the sons was employed in Ghaziabad while the other in Bombay. Sardar Joginder Singh himself had started living in Ropan while Smt. Amarjeet Kaur was alone living in quarter No. 15 -B. Just in front of this quarter lived Khairali Ram Kapoor, P.W 10 in quarter No. 14. Vir Singh, P.W. 5 lived in neighbourhood of Sml. Amarjeet Kaur Sant Ram, the lather of the appellant was also serving in the same mill and for sometime lived in the house adjacent to the quarter of Amarjeet Kaur and their family members were on visiting terms and had known each other well. The appellant from his childhood was thus well known to Smt. Amarjeel Kaur and the witnesses of the case.

(3.) SMT . Amarjeet Kaur was then referred to medical college and was ad ­mitted there at 11.30 a.m. She was given treatment and then the Medical Officer of the casualty ward sent an information in writing to the Station Incharge, Police Sta ­tion Medical College, Meerut to make ar ­rangement for recording her dying declaration as early as possible. The Executive Magistrate, Shri Prem Sagar, P.W. 6 reached the medical college for recording the dying declaration of Smt. Amarjeet Kaur and on the same day i.e. 22 -8 -1980 at 4.30 p.m. he recorded the dying declara ­tion of Smt. Amarjeet Kaur, Ex. Ka -8, in the presence of Dr. Rakesh Mohan Kaushik, P.W. 11. In her dying declaration, Smt. Amarjeet Kaur stated that she got up at about 5 in the morning and when she came out in the verandah, a boy Kalu Ram son of Sant Ram Sehgal who was living in the mill area came towards her, put a towel on her mouth and started dragging her towards the Drawing Room. She fell down whereupon accused sat on her neck. In order to save herself she caught hold of testicles of the accused. Two companions of the accused were then standing in the verandah. Accused asked them to bring knife which the accused immediately got from them and thereafter accused - appel ­lant inflicted 5 -6 knife blows on her and robbed her of her four gold bangles, one ear ring and one gold ring from her person and also assaulted her by a blunt object on her head. The statement was read over to Smt. Amarjeet Kaur and thereafter her thumb mark was obtained over the same by the Magistrate. Dr. Rakesh Mohan Kaushik, P.W. 11 appended certificate Ex. Ka -8 certifying her mental state to be fit for making the dying declaration.