BASANTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal arises out of the judgment of the learned Additional Sessions Judge No. 1, Chittorgarh dated 22-7-1997 passed in Sessions Case No. 81/96 whereby the accused appellants was convicted under Sections 302, I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 500/- and in default to further undergo one month's R. I.

(2.) The accused appellants are brother in-laws of the deceased Smt. Badam Bai. They were tried by the learned Additional Sessions Judge for committing the murder of Smt. Badam Bai.

(3.) The learned Additional Sessions Judge examined 23 prosecution witnesses. P.W.1 Anita, daughter of the deceased, P.W. 2 Basanti Bai and P.W. 3 Sohani Bai neighbours who were the alleged eye-witnesses of the occurrence turned hostile and have not supported the prosecution. Not only these witnesses but also almost all the prosecution witnesses, who could depose anything against the appellants, have not deposed against the appellants. The learned Additional Sessions Judge has not taken any support from the testimony of any of these witnesses to base conviction of the accused appellants. He has recorded the conviction of the appellants on the basis of a dying declaration Ex. P.6. This dying declaration Ex. P.6 was recorded by the learned Magistrate. After placing reliance on this dying declaration the learned Additional Sessions Judge has convicted and sentenced the accused appellants as aforesaid.