BARFI DEVI AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the instant case, Kailashi son of late Shri Nekram, aged about fifty -years on 21st November, 2004 was set on fire. As per prosecution case, Smt. Barfi Devi wife of Mangal Singh, accused -appellant handed over a can containing kerosene oil to Smt. Rajan Devi wife of Sunder Singh and she poured the same upon Kailashi, and Sunder Singh, accused -appellant had set Kailashi on fire after igniting match -stick. The prosecution case has emerged in the parcha -bayan/statement of Kailashi (Exhibit -P/4) recorded by A.S.I. Dharmendra Singh (PW -4), who was then posted at Police Station, Kotwali, Dholpur.

(2.) THE above said parcha -bayan/statement of Kailashi has been termed as dying declaration and has been fully supported by the eye -witness account given by Bhagwan Singh (PW -1), brother of deceased, Rajkumar (PW -8), Vinod Kumar (PW -11), both the sons of the deceased, Smt. Hardevi, wife of deceased, Chhote (PW -14), uncle of the deceased and Pappu Singh (PW -22).

(3.) THE prosecution also examined Rameshwar (PW -6), the brother of deceased, who deposed that when he was attending Kailashi, deceased in the hospital, he had made an oral dying declaration.