- (1.) Heard learned counsel for the parties.
(2.) The appellant was convicted by the trial court u/s. 304 Part II of the Indian Penal Code (for short "IPC") and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 1000.00, in default to undergo further imprisonment for a period of one month. Before the High Court, the appellant preferred an appeal against conviction; whereas the State of Gujarat also filed an appeal challenging his acquittal of the charge u/s. 302 of the Indian Penal Code. By the impugned judgment, the High Court dismissed the appeal filed by the appellant, whereas the appeal filed on behalf of the State was allowed and conviction of the appellant was converted from Sec. 304 Part II of the Indian Penal Code to Sec. 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs. 1000.00; in default to undergo further imprisonment for a period of six months. Hence, these appeals.
(3.) The appellant is the husband of the victim lady. He has been convicted on the basis of the dying declaration, Ext. 9 which was recorded by a Magistrate, who was examined as PW 1. We have perused the dying declaration and the evidence of PW 1. In our view, the dying declaration is voluntary and the statements made therein are truthful. This being the position, we are of the view that the High Court was quite justified in convicting the appellant u/s. 302 of the Indian Penal Code and no interference by this Court is called for.;