KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the conviction recorded for an offence punishable under Sec. 302 Indian Penal Code and the sentence awarded, i.e., life imprisonment with a fine of Rs. 3,000.00 and in default of payment of fine further to undergo simple imprisonment for three months, by the judgment dated 29.7.2004 passed by learned Additional Sessions Judge (Fast Track), Chittorgarh, this appeal is preferred.

(2.) The facts of the case in nut shell, are that on receiving a .telephonic message about admission of Smt. Tara wife of Kalu Meena to burn unite of the Government Hospital, Shri Bhagwan Singh (PW-13), Sub Inspector, Police Station, Chanderia, on 5.10.2003 at about 11:45 PM, reached at the hospital. Looking to the serious condition of Smt. Tara, after getting a certificate Ex.P-12 from the medical jurist about her physical competence about narrating statement of facts, got her dying declaration (Ex.P-11) recorded through Judicial Magistrate Smt. Rekha Sharma. After availing a certified copy of the dying declaration the sub Inspector submitted a first information report to the Station House Officer, Police Station, Chanderia. A case, thus, was registered and investigation was initiated.

(3.) During the course of treatment Sint. Tara died at Government Hospital, Udaipur on 10.10.2003, therefore, investigation was launched for an offence punishable under Sec. 302 Indian Penal Code and after completion of the same a report as per provisions of Sec. 173 Cr:P.C. was filed.