BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the aforesaid application under Sec. 439 Crimial P.C. Dying declaration of the deceased was recorded on 17.12.1993. The counsel has reproduced the same at page No. 2 of the bail application. From this dying declaration it is apparent that there were cordial relations between the husband and wife. The wife (Chandra Kanta) was burnt on account of busting of stove. Smt. Chandra Kanta wife of accused died on 27.12.1993. Before her death another dying declaration was recorded on 26.12.1993, in which she stated that she was burnt by the petitioner.

(2.) Counsel for the petitioner submits that except these two dying declarations, there is no Other evidence on the record to show that the petitioner caused death of Smt. Chandra Kanta. The accused petitioner is in jail since last more than six months. He submits that when there are two inconsistent dying declaration, no reliance can be placed on any of them unless they are corroborated by any independent evidence. In support of his arguments, counsel for the petitioner placed reliance on a judgment of this Court reported in 1989 R.C.C. 566, and another judgment of Apex Court, reported in 1993 Cr.L.R. (S.C.) 1. Considering the fact that both the dying declarations are inconsistent and there is no independent corroboration that the accused caused death of Chandra Kanta and further that the accused has already remained in jail for more than six months, I think it proper to grant bail to the accused petitioner.

(3.) In the facts and circumstances of the case it is directed that accused petitioner Bhanwar Singh be released on bail provided he furnished a personal bail bond in the sum of Rs. 10,000.00 with two sureties in the sum of Rs. 5,000.00 each to the satisfaction of the trial court with the stipulation to appear in that Court on all dates of hearing and as and when called upon to do so in this case or any other case.