OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was tried by the Additional Sessions Judge (Fast Track) Chhabra District Baran in Sessions Case No. 05/2002. Learned Judge vide judgment dated December 10, 2002 found the appellant guilty of the charge under section 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs. 5,000/-, in default to further suffer two years rigorous imprisonment.

(2.) THE prosecution story as unfolded during trial is that SHO Police Station Atru District Baran on November 16, 1999 at 6. 50 PM directed Pawan Kumar, ASI (PW-12) to reach to the Govt. Hospital Atru where injured Satya Narain was admitted. Pawan Kumar rushed to the Hospital and at 7. 00 PM recorded parcha bayan (Ex. P. 8) of Satya Narayan, wherein he stated that on that day around 6. 30 PM while he came form his shop and was sitting at Choraha. Om Prakash (appellant) arrived. Seeing Om Prakash when he got up and decided to proceed. Om Prakash sarcastically told him "aur Dada Kya Hal Hai" and inflicted knife blow on his abdomen. Another blow with knife was dealt with by Om Prakash on the left side of his ribs. Akil then intervened and rescued him by catching hold of knife. In the meanwhile his brother and other persons also assembled. Om Prakash used to create nuisance after consuming liquor therefore some three four days back there was altercation between them and because of that reason Om Prakash gave beating to him. On that parcha bayan a case under sections 307 and 324 IPC was registered and investigation commenced. During investigation Satya Narayan succumbed to his injuries and section 302 IPC was added. On completion of investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Chhabra District Baran. Charge under section 302 IPC was framed against the appellant, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 13 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence and examined himself as DW 1. Learned trial judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) WE see no reason to disbelieve the dying declaration (Ex. P. 8) of Satya Narain which was recorded by Pawan Kumar, a police officer in the presence of Dr. N. d. Irani. The dying declaration is a very important document because it amounts to a statement of the deceased verba dicta. A dying declaration made to a police officer during the course of investigation is taken out of the limitations imposed by sub-section (2) of Section 162 Crpc. The relevancy and admissibility of a dying declaration is governed by Section 32 (1) of the Evidence Act, according to which a statement written or verbal of the Evidence Act, according to which a statement written or verbal of relevant fact, made by a person who is dead, is relevant when it is made as to the cause of his death, or as to any of the circumstance of the transaction which resulted in his death in cases in which the cause of that person's death comes into question. Such a statement is relevant whether or not the person making it was at the time under expectation of death and this is so irrespective of the nature of the proceeding in which the cause of his death comes into question.