SUKHPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON 10th of December, 2006 Nandkishore (PW -16), Superintendent of Police, Ajmer, as Probationer Superintendent of Police was posted at Police Station, Masuda. On that day, at 10:35 A.M. he received an information from Dr. Hemant Chauhan, Medical Officer posted at A.K. Hospital, Beawar that one Smt. Anju wife of Sukhpal, present appellant, resident of Dewas, in a burnt condition was admitted in the Burns Ward of the hospital. Nandkishore (PW -16) entered this information in the 'rojnamcha' (Daily Diary Register) being report bearing No. 320, copy of which has been placed on record as Exhibit -P/24. Thereafter, in a Government Jeep, along with A.S.I. Bheemraj, he reached at A.K. Hospital, Beawar. Nandkishore (PW -16) sought opinion of the Medical Jurist regarding fitness of Smt. Anju to record her statement. The Medical Officer, Dr. Sanjana (PW -20) vide Exhibit -P/27 gave opinion that the patient was fit to give statement. Thereupon, Nandkishore (PW -16) recorded statement of injured Smt. Anju, who was lying admitted in the Burns Ward at A.K. Hospital, Beawar, vide Exhibit -P/8.

(2.) THEREAFTER , the Investigating Officer requisitioned the services of Additional District Magistrate, Beawar vide Exhibit -P/25. Relying upon the opinion (Exhibit -P/27) given by Dr. Sanjana (PW -20), Medical Officer regarding fitness of the patient Smt. Anju, A. Sriniwasan (PW -19), who was then posted as Additional District Magistrate, Beawar, recorded the dying declaration of Smt. Anju, vide Exhibit -D/4.

(3.) THE Court of Additional District & Sessions Judge (Fast Track) No. 1, Beawar, District Ajmer had charged the appellant for offences punishable under Sections 498 -A and 302 of Indian Penal Code.