SANTOSH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) HEARD on the question of admission. Perused the record. Appeal is arguable, hence, admitted for hearing. Issue notice to the respondents.

(2.) ALSO heard on M.Cr.P. No. 2087 of 2004, for suspension of sentence of appellants.

(3.) LEARNED counsel for the appellants has submitted that dying declaration Ex. D-2 was recorded by PW 4 Lachchhiram Naib Tahsildar and the same was endorsed by Dr. Sudhir Rathore (PW 5), wherein the deceased had stated that she had suffered burn injuries due to fall of kerosene lamp and she had been brought to Hospital by mother-in-law and father-in-law. According to father of deceased namely Badal Singh Yadav (PW 1), he had never made any complaint against accused persons of any kind of cruelty to Police or anybody else. He has further stated that he had submitted report to police after about 8 days of the incident. However, no such report is on record. There is no specific allegation of cruelty caused by appellants soon before the alleged incident. Accused persons were present at the time when Panchnama-lash was prepared and they themselves took the deceased to hospital with a view to save her life.