CHARAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 18-11 -2003 passed by Second Additional Sessions Judge, Damoh in Sessions Trial No. 226/2002, convicting the appellants under Section 302 read with Section 149 and Section 147 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs. 1000/- and Rigorous Imprisonment for two years, on each count respectively.

(2.) In short, the prosecution case is that on 18-4-2002, Durga Bai (deceased) was brought to District Hospital Damoh in burnt condition. She was examined by Dr. Y.P. Patel (P.W. 8). Dr. Patel sent a requisition to Station Officer of City Kotwali, Damoh to get the dying declaration of Durga Bai recorded. Naib Tehsildar/Executive Magistrate O.P. Sharma (P.W. 7) went to hospital for recording the dying declaration and after obtaining the certificate from Dr. Rakesh Rai (P.W. 13) that Durga Bai was fit to give her statement

(3.) Before the Trial Court, prosecution examined 13 witnesses and adduced the dying declaration (Exh. P-9) recorded by Naib Tehsildar/Executive Magistrate O.P. Sharma (P.W. 7). Accused persons pleaded false implication. According to them, Durga Bai had committed suicide by self igniting her. They also examined Munna Singh (D.W. 1) in their defence. Relying only on the evidence of dying declaration, learned Trial Judge held the appellants guilty and convicted and sentenced them as mentioned above.