JAGARNATH Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Ojha, J. This appeal has been preferred against the order of conviction and sentence dated 26-11-1999 passed by learned VIth Additional Sessions Judge Azamgarh in Session Trial No. 57 of 1993 by which appellant Jagarnath has been convicted under Section 302 read with Section 34 IPC, Section 307 read with Section 34 IPC and Section 452 IPC and has been sentenced to life imprisonment and also a fine of Rs. 10,000 under Section 302 IPC read with Section 34 IPC and in case of non deposit of fine to further undergo rigorous imprisonment of 3 years. He has been sentenced to undergo life imprisonment under Section 307 IPC read with Section 34 IPC and also fine of Rs. 5,000 and in case of non deposit of fine to further undergo rigorous imprisonment of 2 years. Under Section 452 IPC he has been sentenced to rigorous imprisonment of 5 years alongwith a fine of Rs. 2,000 and in case of non deposit of fine to further undergo rigorous imprisonment of one year.

(2.) LEARNED Counsel Sri Ram Babu Sharma, amicus curiae for the appellant and Sri A. K. Varma, learned Additional Government Advocate have advanced arguments and we have gone through the record.

(3.) BUT since the condition of Ramjanam Chauhan was serious, his dying declaration was recorded in District Hospital Azamgarh in surgical ward on Bed No. 10 on 7-8-1992 at 10 p. m. The statement was recorded by Bahadur Prasad, Nyaik Magistrate/tehsildar and certificate that Ramjanam Chauhan was sound enough to make statement was given by Dr. R. K. Chitranshi, who was then posted in District Hospital Azamgarh.