FAKIR CHAND Vs. STATE

JUDGEMENT

(1.) U. K. Varma, J. Convicting Fakir Chand and Smt. Santosh under Sections 302, read with Section 34 of the Indian Penal Code and sentencing Fakir Chand to death and Smt. Santosh to imprisonment for life, Sri V. M. Joshi, the VII Additional Sessions Judge has made a reference for the confirma tion of the death sentence of Fakir Chand under Section 366 of the Code of Criminal Procedure. Aggrieved by his judgment and order, the appellants have come up in appeal.

(2.) THE investigation of this case had been ordered on the complaint of Surendra Kumar submitted to the Director-General of Police but passed on to the Deputy Inspector General of Police, Meerut Range. It is dated 9-5-85 and is marked Ex Ka. 1. It transpires there from that on 12-3-85 the date of incident, the complaint had gone out of Meerut. On his return Chandra Bhushan Sharma informed him that kerosene oil had been sprinkled upon his brother Narendra Kumar and he was burnt. He rushed immediately to Doctor Manvendra Sharma for treatment THE complainant immediately reached the clinic of Dr. Manvendra Sharma and from there took his brother Narendra Kumar to the medical college alongwith Sri Ram, the compounds of Dr. Sharma as advised by him. Narendra Kumar was admitted in the medical college but when his condition did not improve, he was withdrawn and got admitted in the Bhopal Nursing Home, THEre, his dying declaration was recorded on 14-3-85 by Sri Shyam Singh Addl. S. D. M. which translated into English is as follows : "my name is Narendra Kumar Sharma. I am the son of Laxmi Narain. I have full mental faculty and what I am saying is well throughout, I got burnt on Wednesday between 10. 30 and 11. 00 p. m. on 13-5-85. Fakir Chand resident of 362, Noor Nagar, Siyani district Ghaziabad, sprinkled kerosene oil on me from a can. Santosh Kumari ignited the fire by a match stick. I was clad in white terricot clothes and had Rs. 365 in my pocket. I came running to the clinic of Dr. Manvendra Sharma while burning. THE doctor quenched the fire. In the way too a few persons tried to pacify the fire. THE compounder of Dr. Manvendra Shanna had taken me to the medical college. "

(3.) THE prosecution examined Chandra Bhushan Sharma PW 1 and brought on record the dying declaration of Narendra Kumar Ext Ka 18 proved by Shyam Singh Yadav Deputy Collector, PW 4 to bring home the guilt of the accused to him. THE fact that the dying declaration had been given by Narendra Kumar in a fit state of mind had been corroborated by Dr. S. M. Sharma PW 7.