NAVAL KISHORE Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed by the accused appellant Naval Kishore against the judgment dated 22.02.1992 passed by the learned Additional District & Sessions Judge, Chabra in Criminal Regular Case No. 66/1991 whereby, the learned trial Court has convicted the accused appellant for the offence punishable under Section 306 IPC and has awarded rigorous imprisonment for six years and also imposed a fine of Rs. 500/- in default of payment of which, rigorous imprisonment for one month has been awarded.

(2.) As per the prosecution story, at about 9:20 pm on 23.12.1990, Dying Declaration of Smt. Madhvi (Ex. P/19) was recorded by the SDM, Chabra in Government Hospital, Chabra. The statement given by her is as follows:-

(3.) Thereafter, on 25.12.1990, Smt. Madhvi died of the burn injuries at about 1:45 am. Post-mortem examination was conducted in which, the cause of death was found to be shock due to 100% burn. After conducting complete investigation, charge-sheet was filed against the accused appellant Naval Kishore for the offence punishable under Section 306 IPC.