STATE OF MADHYA PRADESH Vs. NISAR AHMAD

JUDGEMENT

(1.) In this appeal, the State has challenged the order of acquittal of respondent, of the charge under Section 302, I.P.C.

(2.) According to the prosecution version, on 5-6-1984, the deceased had gone to a flour-mill in village Sabalgarh. While he was returning back, it was stated that he was assaulted by the respondent at about 3.00 p.m. Two injuries were caused on the abdominal part and one on the neck. The deceased was removed to Sabalgarh Hospital. The police on getting information, on telephone that there was some incident near the flour-mill, had reached the spot and when the injured was not found, the Sub-Inspector Dohre, the Investigating Officer, went to the Hospital. The deceased wasfully conscious at that time. The report lodged by the deceased was taken down by Sub-Inspector Dohre (PW 8) as Dehati Nalishi and was sent to the Police-Station for kaimi. The accused was named in F.I.R.

(3.) The doctor on the examination of his injuries found his condition to be serious and, therefore, recorded his dying-declaration in question-answers form. The deceased had named the accused/respondent as his assailant in this dying-declaration. The deceased was tried to be treated at the hospital but when the doctors found that it was difficult to save him due to limited resources at that hospital, he was referred to J. A. Group of Hospitals, Gwalior. The deceased was brought to Gwalior. On examination of the deceased at J. A. Group of Hospitals, Gwalior, the doctor declared him dead. His body was taken back to the Sabalgarh and funeral was done.