CHANDRABHAN SINGH AND OTHERS Vs. STATE

JUDGEMENT

(1.) THIS an application for a certificate of fitness of the case, Under Article 134(1)(c) of the Constitution, for an appeal to the Supreme Court of India.

(2.) THE three Applicants had been convicted by a Civil and Sessions Judge, Etah, of offences punishable Under Sections 326 and 326/34 IPC on the strength of evidence given by three eye witnesses as well as of a supposed dying declaration of the victim Shaitan Singh who died nearly fortnight after the occurrence. The medical evidence also fitted in with the prosecution case of an attack with a "gandasa" and not with the defence suggestion that the victim, Shaitan Singh, was attacked at his own house during the night with lathis.

(3.) THE view taken by this Court was that, although, the F.I.R. was not admissible as a dying declaration, which is a piece of substantive evidence, yet, those parts of it were admissible which explained and were merged with the conduct of the victim in making the complaint to the police contained in the F.I.R. No direct authority was cited on this question by either side. Reliance was, however, placed on illustrations (j) and (k) to Section 8 of the Evidence Act for the view taken in this Court that the nature of the offence, the identity of the offenders and the time and place of the occurrence were so blended with the victim's conduct and were so necessary to explain it as to be parts of it.