SUBHASH CHANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal was instituted by Subhash Chander son of Diwan Chand. In the appeal, the appellant has assailed the judgment passed by the Additional Sessions Judge, Jalandhar, whereby he was convicted for the offence under Section 306 IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000/-. In default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) On 5.11.1995, Bant Singh, Assistant Sub Inspector of Police Station Division No. 8, Jalandhar, approached Judicial Magistrate Ist Class, Jalandhar, who, for recording dying declaration in another case, was already present in the hospital . An application Ex.PF was presented before the Judicial Magistrate Ist Class, for recording dying declaration of Sunita wife of Subhash Chander (present appellant). Judicial Magistrate Ist Class, Jalandhar, presented an application before the doctor and sought his opinion whether Sunita was fit to make statement. The application was exhibited as Ex.PG. The doctor, vide his endorsement Ex.PG/1, opined that Sunita was fit to make statement. The opinion was given on 5.11.1995 at 8.20 P.M. The Judicial Magistrate Ist Class recorded dying declaration Ex.PH. The same, when translated to English, read as under:-

(3.) This statement was concluded at 8.30 P.M. The Medical Officer appended a certificate Ex.PH/1 that the statement of the patient was recorded in his presence and the patient was unable to sign due to burn on hands, and the patient remained fully conscious throughout the statement.