RAM PRAKASH Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by the Judgment and order dated 19.10.1984, passed by VI Addl. Sessions Judge, Unnao, the appellant Ram Prakash has preferred this appeal against his conviction under Section 302, I.P.C. and sentence of imprisonment for life.

(2.) IT is an unfortunate case where a helpless lady Smt. Maheshwari has died perhaps under unknown circumstances but the appellant Ram Prakash was seddled with the charge that he has commiitted the murder of his wife on 4.11.1983 around 5.30 a.m.

(3.) HOWEVER, for two additional reasons the aforesaid non-examination of the doctor who conducted the post-mortem examination is not going to materially affect the present case. Admittedly, Dr. Si, Nath P.W. 1 was posted at P. H. C. Bangarmau and he had allegedly examined Smt. Maheshwari on 4.11.83 at 7.50 P.M. It is again strange that no separate injury report was prepared and even no bed head ticket was prepared. According to the statement of P.W. 1 Dr. S. Nath, Smt. Maheshwari was admitted in the hospital at 7.30 a.m. and thereafter he had found the condition of Smt. Maheshwari to be unstable and therefore decided to take down her dying declaration on a document which has been produced and proved as Ext. Ka 1. An extract from the additional injury register has been proved by the said Doctor as Ext. Ka 2. It is again strange that there is no bed head ticket or any corresponding document from which it could be ascertained whether any special effort was made to call the Magistrate for recording formal dying declaration of the victim. HOWEVER, the aforesaid witness found the following condition which were noted in Ext. Ka 2 :