MOTILAL AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) In the present appeal, challenge has been made to an order of conviction and sentence dated 14.3.2006 passed by First Additional Sessions Judge, Chhatarpur in Sessions Trial No.111/2005 whereby the appellants have been convicted under Section 302 IPC and sentenced to Rigorous Imprisonment for life and fine of Rs.1000/-. In default, six months additional R.I.

(2.) The prosecution case, in brief, is that both the appellants sprinkled kerosine oil on the person of the deceased on 2.12.2005 and lit fire, resulting into the death of deceased Kishori. On the basis of the aforesaid information i.e. Merg intimation Exhibit P/2, police registered offence punishable under Section 302, 307/34 of IPC and later it was converted into FIR i.e. Exhibit P/14. The police started investigation and after investigation the challan was filed against the appellants along with the other co-accused namely Mst. Nanhe Bai who has been acquitted by the Trial Court. The deceased was first examined by Dr. Anil Jain who has been examined as P.W.1. He has deposed in his statement that the deceased namely Kishori Lal was brought to him for examination and according to him, he has received total 90% burn injuries. He has stated that the patient was hospitalized and at that time he was alive. He also admitted that his signatures are on Exhibit P/10 "D to D" which is dying declaration recorded on 2.12.2005 by Naib Tehsildar Shri S. S. Gour, who has been examined as P.W.8.

(3.) The prosecution witness P.W.8 S. S. Gour, has deposed that on the date of incident he was working as Naib Tehsildar and on receiving an intimation that he has to record dying declaration, he reached at the hospital and before recording the statement of the deceased, the Doctor has certified that the deceased was in a state of mind to depose statement. He stated that he has got recorded the statement of the deceased, the deceased has put his thumb impression before him which has been marked as "B to B". He has also mentioned that Doctor has also certified that the deceased was in a condition to understand the queries and to answer the same. The said certificate is mentioned on the dying declaration as "C to C" and the certificate part is marked as "D to D". He also admitted his signature on the dying declaration. In the cross examination of all these witnesses, nothing has been brought on record or any suggestion to disbelieve the statement of all these two Government officers.