MULAYAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In these appeals, a challenge has been made to the common order of conviction and sentence dated 10-03-2006, passed by First Additional Sessions Judge Damoh, in S.T.No.96/2003,whereby the appellants have been convicted and sentenced as under : <FRM>JUDGEMENT_296_LAWS(MPH)3_2018_1.html</FRM> <FRM>JUDGEMENT_296_LAWS(MPH)3_2018_2.html</FRM> <FRM>JUDGEMENT_296_LAWS(MPH)3_2018_3.html</FRM>

(2.) According to the prosecution story on 20-03-2003, in the night at about 2, Saroj Rani W/o Dharamchand Jain went to the Police Station Jabera and intimated that her daughter is burnt and she is in P.H.C. Jabera. On the said intimation, A.S.I. N.N.Mishra (PW-1) had written the same on Rojnamcha Sanha. Firstly, she was taken to PHC Jabera but immediately she was referred to the District Hospital Damoh. The dying declaration was recorded on 21-03-2003 by Executive Magistrate, O.P.Sharma (PW-15) and her state of mind to make the statement was certified by Dr.S.K.Jain, who was examined as PW-3. In her statement, she had stated that in the night Mukesh, Santoh, Jhannu and Mulayam had beaten her and thereafter they set fire on her by pouring kerosene oil. In addition to this witness, witness no.11 Saroj Rani, who is mother of the deceased stated that when she got the information that her daughter is burnt, she rushed to the hospital alongwith his son Mukesh Jain. She asked her daughter about the incident, she stated that accused Mulayam Gond, Jhallu Jhariya , Gannu Yadav and Mukesh Badhai had set fire on her and disclosed that Gannu Yadav had poured the kerosene oil and Mukesh had lit the fire with the help of match stick. She had also stated that the deceased had caught hold Mulayam at the spot itself and others 3 had fled away. Mukesh Kumar Jain (PW-12) who is brother of the deceased has also stated that after receiving the information about the incident, he had rushed at the spot alongwith his mother. He has also stated that the deceased had informed that 4 persons Gannu Yadav, Mulayam Gond, Jhallu Jhariya and Mukesh Vishwakarma had burnt her by pouring the kerosene oil and set her on fire. He has also stated that the deceased had stated that she had caught hold accused Mulayam at the spot. PW-9 Santosh Jain is the husband of the deceased was examined but was not found to be of fully sound mind for deposition of the statement. However, the dying declaration Ex.P-6 gets corroborated with the oral dying declaration to PW-11 Saroj Rani and PW-12 Mukesh Kumar Jain.

(3.) Learned counsel for the appellants submitted that as per the timing recorded by the Doctor on the top of the dying declaration Ex.P-6, the dying declaration is suspicious as it has been written "pm" whereas the statement was recorded in the morning at 5.50 AM. It seems to be only a typographical mistake and not of very substantial nature because there is also no crossexamination in this regard to the Doctor PW-3 Dr.S.K.Jain, who has clearly stated that the deceased was brought at about 3 AM and thereafter she was given treatment, when there was improvement in her condition and she made statement after examination her state of mind. The timing mentioned in dying declaration as "pm" is typographical mistake is clear because at the bottom of the dying declaration, he has again mentioned timing as 6.05 AM on 21-03-2003. Thus, there is no substance in the first contention of the appellants. Another contention was raised that there are number of Mukesh in the village and the deceased has not clarified which Mukesh had caused the incident as she had not stated the name of the father of the accused person and his resident. This argument can also not be accepted because there is no cross examination or any suggestion in the statement of PW-16 Y.S.Chouhan, who has conducted the investigation and arrested the accused persons after the investigation. By mere suggestion in the statement of one of the witness that there are number of Mukesh in the village, the testimony of witnesses PW-11 Saroj Bai and PW-12 Mukesh Kumar Jain cannot be discarded. The dying declaration was recorded by the Executive Magistrate PW-15 O.P.Sharma, who stated that after the examination of state of mind by the Doctor, he has recorded the statement of the deceased vide Ex.P-6. He admitted his signature. He deposed that the deceased had made categorical statement that the accused persons had set fire on her by pouring kerosene oil on her body.