KRIPAL Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran and S. C. Nigam, JJ. Heard Shri P. N. Mishra, learned Sen ior Advocate for the appellants, Shri Ram Raj, learned Counsel for the complainant and learned Additional Government Ad vocate representing the State and perused the record of the case.

(2.) A prayer for bail has been made in this criminal appeal, which has been filed against the judgment and order dated 21. 5. 2008 in ST No. 173 of 2003 whereby the appellants have been convicted and sentenced to life imprisonment under sec tions 302/34 IPC and a fine of Rs. 20, 000/-and five years rigorous imprisonment un der section 307/34 IPC and a fine of Rs. 5000/ -.

(3.) LEARNED Counsel for the com plainant, on the other hand, sought to ar gue that there is a dying declaration, but it is pointed out by the learned Counsel for the appellants that the said dying declara tion was in the form of a statement under section 161 Cr. P. C. to the police by Jaipal and the trial Court has not relied upon it by holding that the statement of the doctor has not been taken that the injured was in a fit condition to make the said statement and moreover, the dying declaration suffers from the same shortcomings as the other evidence as it does not explain the sub stantial number of injuries to the side of the accused.