MANGE RAM Vs. STATE, DELHI ADMINISTRATION

JUDGEMENT

(1.) THE appellants have been convicted under section 302 read with 34 IPC for causing death of Ranbir Singh.

(2.) THE deceased was the son -in -law of appellant No. 1 Mange Ram, and husband of appellant No. 2 Somwati. Both the Courts below believed the dying declarations made by the deceased before the Investigating Officer and Dr. Tiwari, and they have been made the basis of his conviction. We have gone through the evidence of Dr. Tiwari who was the first person to record the dying declaration. He has stated that when he inquired from the patient how he had received bum injuries he had stated that at abut 9 -10 p.m. he was in his in -laws house and his father -in -law Mange Ram and his wife put kerosene oil on him and set him on fire. The defence was not able to take out anything in his cross examination which could create any doubt regarding truthfulness of his evidence, ASI Harpal Singh (PW 24) who had gone to the hospital on receiving information about admission of Ranbir Singh in the hospital has stated that he recorded the FIR of Ranbir Singh at about 11.45 p.m. Therein also Ranbir Singh has stated that his father -in -law and his wife had set him on fire. Both these dying declarations have been found reliable and consistent by the Courts below and we see no reason to differ from that finding. The learned counsel for the appellant was not able to suggest any good reason to disbelieve the evidence of Dr. Tiwari and ASI Harpal Singh.

(3.) AS we do not find any substance in this appeal it is dismissed. The appellants were released on bail during the pendency of this appeal. Their bail is cancelled and they are ordered to surrender to custody to serve out the remaining part of their sentence.